What if I have an existing spousal support order and my spouse is living with his/her girlfriend/boyfriend?
Re-marriage terminates a party’s right to spousal support but what happens if the former spouse does not remarry but rather moves in with someone of the opposite sex?
Often one of the most frequently asked questions with regards to the issue of spousal support is the question regarding the ex wife/husband having a new live in partner? The Family code section 4323 (a)(1) sheds some light on this topic as follows: Unless the parties have “otherwise agreed” in writing, the supported party’s cohabitation with a person of the opposite sex gives rise to a rebuttable presumption, affecting the burden of proof, or decreased need for spousal support.
In layman’s terms, this means that the obligor (payor of support) will prevail on his/her request to reduce or terminate spousal support based on providing evidence to the court that the supported party is living with someone of the opposite sex UNLESS there is a showing that a) the parties had a written agreement that such occurrence would not be the basis for modifying the current support order or b) the supported party shows proof that the co-habitation does not decrease his/her need for support.
If you have an existing spousal support order and suspect your former spouse is co-habitating with someone of the opposite sex and you desire to reduce or terminate your current spousal support order, contact Covina attorney, Paul A. Eads today.