The Effect of Cohabitation on a Divorce
Cohabitation, or living together in a long-term relationship as though you were married, is growing more common. Between the high costs of living and relaxed social stigmas on living together before getting married, many couples often choose to get a place together before tying the knot. As a result, complex lawsuits have arisen which have begun to question whether cohabitation periods can apply to divorce agreement provisions, most notably alimony.
In California, the law states that if the receiving spouse begins cohabitating after a divorce, then they are presumed to have a decreased need for spousal support. There are ways to prove that your ex is cohabitating as well, including receiving their mail at their new partner’s address, combining bank accounts, having a child with their new partner, and more.
When this is the case and you wish to modify your alimony obligation, you can request a modification or even full termination of your requirement. It’s important that you keep up your obligation until this motion is passed; if your motion is denied you could potentially be found in contempt. Instead, you can request that your modification be applied retroactively to the date that the motion was originally filed.
If you need assistance with a cohabitation or any other family law matter, the San Diego divorce attorneys at Fair Cadora may be able to assist you. We have a passion for people and we strive to put the law on the side of all of our clients using our considerable experience and legal knowledge. Our attorneys have even received some of the industry’s highest accolades; Attorney Fair has been named a Bar Certified Family Law Specialist and Attorney Cadora has served the family law community since 2003.
Please contact the firm today to schedule a consultation to discuss your options.