In some cases, the court will order you to pay spousal support. Spousal support is intended to help the spouse adjust to a single income. However, when your former spouse remarries, California Family Code S4323 states that spousal support may be terminated. If you can prove that your ex-spouse is cohabiting with someone else in a romantic and financially supportive relationship, you can request a reduction or termination of your obligation.
Legal Basis for Reducing or Terminating Spousal Support in California
Under California Family Code S4323, there is a rebuttable presumption that spousal support is no longer necessary if the supported party is cohabiting with a non-marital partner. This presumption shifts the burden of proof to the supported spouse to demonstrate continued financial need.
This is further supported by case law such as In re Marriage of Bower (2002) 96 Cal.App.4th 893, which upheld the termination of support due to cohabitation.
A post-judgment modification of spousal support must be filed in your local California Superior Court, such as the Los Angeles County Family Court if applicable.
What If I Suspect My Spouse is Living with Someone?
We recommend that you obtain a court order to stop paying spousal support so that your former spouse cannot take you to court for arrearages if it’s later determined that cohabitation did not occur.
Your attorney may bring in a team of experts, including private investigators, to find evidence that your ex-spouse is in a romantic cohabiting relationship. If sufficient evidence is presented, the court can terminate or reduce spousal support.
Gathering Evidence of Cohabitation: What You Need to Know
To reduce support, you must demonstrate more than just overnight visits. Courts look at:
- Shared financial obligations (rent, groceries, utilities)
- Evidence of romantic involvement
- Time spent together (nights per week)
- Testimonies from neighbors, social media, or surveillance
Our legal team uses licensed investigators to collect evidence and establish timelines. With irrefutable proof, courts typically respond favorably to spousal support termination requests.
Can I Get Money Back?
In some cases, the court may order your former spouse to reimburse spousal support payments retroactively. If we can prove a start date of cohabitation, we will submit this to the court with a motion for reimbursement.
Cohabitation Scenarios That Affect Support
Example: Part-Time Living Arrangements
If the romantic partner is present at your ex-spouse’s home four nights a week and lives elsewhere three nights, you may still have grounds to argue that functional cohabitation exists.
If the couple splits time between two residences, the court may still find they are effectively cohabiting full-time.
Additional Legal Considerations
Post-Judgment Modification Process
To officially stop or modify spousal support, your attorney must file a Request for Order (RFO) in the appropriate California Superior Court. This request must include:
- Declaration of material change in circumstances
- Proof of cohabitation
- Legal reasoning and supporting documentation
Courts may also consider imputed income if the supported spouse is living rent-free with a partner.
Frequently Asked Questions (FAQs)
Can I stop paying spousal support without going to court?
No, you must file a motion and obtain a court-ordered modification. Unilateral decisions can result in arrears and enforcement actions.
What exactly is “cohabitation” under California law?
Cohabitation means that two adults in a romantic relationship are living together and possibly sharing financial responsibilities. Courts do not require full-time living arrangements to establish this.
What if I suspect my ex is living with someone, but they deny it?
You can hire an investigator and gather indirect evidence like social media posts, utility records, or witness testimony. A court will weigh all the evidence to determine cohabitation.
Can I be reimbursed for alimony I already paid?
Yes, if we can prove a clear start date of cohabitation, the judge may order retroactive reimbursement. This is usually tied to when your circumstances changed or when the motion was filed.
Will the court consider emotional or psychological support between the couple?
Not usually. Courts focus on financial interdependence and domestic arrangements, not emotional connections.
What Factors Affect a Judge’s Decision in a Support Modification Case?
Each case is unique. A judge may evaluate:
- Length of the relationship
- Financial benefit to the supported spouse
- Shared bank accounts or expenses
- Testimonies or surveillance
- Whether the cohabitation is stable or temporary
Judicial discretion plays a large role, and skilled legal representation is key to presenting a strong case.
Why Legal Expertise Matters
Family law matters, especially those involving post-divorce financial obligations, can be emotionally and financially taxing. At MNB Law Group, we provide strategic support using investigative resources, legal documentation, and courtroom representation.
With over 1,000 spousal support cases handled, our attorneys are well-versed in California Family Law, particularly in support modification, enforcement, and defense against unjust claims.
Don’t Overpay – Protect Your Rights
If you believe your former spouse is cohabiting and you’re still making payments, take action now.
Schedule a free consultation with MNB Law Group
Learn how to reduce, modify, or terminate spousal support based on the facts.
With our experienced family law attorneys, you’ll receive legal clarity, evidence gathering, and expert advocacy, all designed to protect your financial future.
