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How does Cohabitation Affect Spousal Support After a Divorce

On Behalf of | Jun 5, 2020 | Spousal Support

How does cohabitation affect spousal support after a divorce in Carlsbad or North County? What happens when you are paying spousal support after your divorce and you learn your former spouse is cohabiting with someone new? These cases are highly unique and based upon the individual circumstances in each case but worth discussing with the experienced Certified Family Law Specialists at Burke & Domercq.

Generally speaking cohabitation isn’t just a few overnights here and there. It is usually interpreted as “living together” just as a married couple would. One must consider financial, social and relationship “interdependencies” and the impact this new relationship has upon the “quality of life” of your former spouse and the need for continuing support.

Spousal support is usually awarded to balance the quality of life for both parties after a divorce. Cohabitation by the recipient of spousal support may require a close look. Cohabitation may require a post-decree modification or the elimination of spousal support altogether based upon California family law.

How does cohabitation affect spousal support after a divorce and the orders which are presently in place?  In order to successfully argue for a post-decree modification to spousal support in these cases the attorneys at Burke & Domercq must show the need for the support itself has lessened.

The types of questions we might consider would include whether or not the cohabitation included sharing of bills such as rent or a mortgage, utility bills and even the division of household chores.

Asking children of a prior marriage to conceal the new living arrangement or taking active steps to hide what is going on (like parking a vehicle around the corner) may help your case.

Has this new relationship substantially improved the recipient’s quality of life or reduced the burden of their cost-of-living? We invite you to contact us or call 760-389-3927 to schedule an appointment with one of our experienced Certified Family Law Specialists. We have represented parties in post-decree actions for several decades and will help to protect your interests.