We are often asked can a new relationship affect existing San Diego spousal support orders? If the recipient of spousal support decides to live with move in with a new partner will it affect impact the need for or amount of the spousal support in their case?
The only consistent fact regarding spousal support cases is that each party is different and each case is different. Some people remain on their own for some period of time after a divorce. In other cases, the recipient of spousal support may find a new romantic interest in a relatively short period of time. Once things get serious the parties may wish to move in with one another.
Will a new relationship affect existing San Diego spousal support orders? Is spousal support going to be reduced or eliminated altogether if the recipient moves in with a romantic interest? Cohabitation or moving in with a romantic interest can absolutely affect the need for spousal support as well as the amount and/or duration. California Family Law allows the payor of spousal support to raise the question of the continuing need for financial support and or the amount to be paid.
The payor must generally prove to the court the recipient is in a relationship and are actually living with a new partner. This can easily be established if the recipient and their new partner share a bank account, have signed together either as tenants (rental agreement) or on the title of the property itself. The payor must also convince the Court that the “Status Quo” has changed. In other words, the recipient has other forms of support and existing spousal support orders are no longer needed or qualify for reduction.
If you are the recipient of spousal support you should give serious consideration to all aspects of moving in with a new partner, including the impact it may have on existing spousal support orders. If you are required to pay spousal support and the recipient has moved in with another partner you need the proven advice and counsel of the Certified Family Law Specialists at Burke & Domercq.
Will a new relationship affect existing San Diego spousal support orders? If it results in cohabitation the answer may very well be “yes.”