CALIFORNIA FAMILY LAW
...Spousal Support
......Modification
.........New Spouses/Nonmarital Partners
............Of Supported Spouses
11 Cards On This Topic:

If supported party is cohabiting with nonmarital partner, there is presumption of reduced need for purposes of modification.

The termination of cohabitation is not a change of circumstances justifying an extension of spousal support.

Presumption of reduced need due to cohabitation properly rebutted.

Cohabitation properly considered as a factor when setting initial support order.

W's cohabitation was a change of circumstances triggering presumption of FC 4323 of decreased need for support.

Cohabiting spouse entitled to present evidence showing continued need for support despite cohabitation.

Gifts to supported spouse from nonmarital partner may be considered for purposes of former Civil Code section 4801.5. Living arrangement must be equitable to paying spouse.

Agreement that spousal support be nonmodifiable precludes modification if supported spouse cohabits, irrespective of former Civil Code section 4801.5.

Cohabitation, as used in former Civil Code section 4801.5, requires more than simple boarding arrangement. Showing of sexual, romantic or at least "homemaker-companion" relationship is required.

Former Civil Code section 4801.5 shifts the burden of proof to supported spouse. Supported spouse cannot give away his/her services while cohabiting and still expect spousal support.

If parties agree spousal support nonmodifiable (former CC 4811(b) [replaced in part by Fam. Code 3651]), agreement will control; paying spouse may not seek relief if supported spouse cohabits.