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If My Former Spouse Moves In With Another Person Does it End Spousal Support

On Behalf of | Oct 7, 2020 | Spousal Support

If my former spouse moves in with another person does it end spousal support obligations?  Permanent spousal support ordered in a divorce is frequently limited to a specified period of time or until a specified event, such as death or remarriage.  If a recipient of spousal support cohabits with a member of the opposite sex then the California legislature has indicated that support may be adjustable or terminated. There is no automatic adjustment or termination of support just because the supported spouse is now living with another person unless the parties previously agreed in writing that such circumstance caused a specified result.

Family Code Section 4323 provides ” … there is a rebuttable presumption, affecting the burden of proof, of decreased need for spousal support if the supported party is cohabiting with a person of the opposite sex. Upon a determination that circumstances have changed, the court may modify or terminate the spousal support …”

The statute goes on to answer some frequently asked questions related to the issue: “Holding oneself out to be the husband or wife of the person with whom one is cohabiting is not necessary to constitute cohabitation…”.   So the party wanting to terminate or reduce support is required to bring a motion to seek and adjustment of spousal support unless the parties agree otherwise.  When the Court looks at the matter the Court will assume there is now a lesser need for spousal support but that assumption can be proved to be invalid by the cohabiting former spouse. Obviously, unless you are adept at introducing evidence and proving facts it may help to have an experienced attorney to assist you with this controversy.

Questions like “If my former spouse moves in with another person does it end spousal support?” are best answered by experienced California Family Law Certified Specialists.  If you have questions regarding ongoing post judgment support orders or spousal support issues protect your own interests and contact us or call 760-389-3927 to schedule an appointment for a remote or socially distanced consultation with one of our experienced Certified Family Law Specialists.