So you’re divorced, or you have filed for divorce. You are receiving spousal support and think it’s about time you moved on with your life. On your quest to move on with your life, you decide to move in with the person you are currently dating. Sounds like a great plan because you can save money by sharing rent and expenses.
While this may sound like a good idea, you should be aware this could have a huge impact on the spousal support you are receiving. Family Code, Section 4323, states, “Except as otherwise agreed to by the parties in writing, there is a rebuttable presumption, affecting the burden of proof, of decreased need for spousal support if the supported party is cohabiting with a person of the opposite sex. Upon a determination that circumstances have changed, the court may modify or terminate the spousal support.”
What this means is that moving in with the person you are dating is likely going to be the end of your spousal support payments. The Court and public policy feel that if you are sharing expenses with the person you are dating, then your expenses are reduced and someone is helping to support you. Your ex spouse shouldn’t have to keep paying you support when you now live with someone else who is also helping to support you. So if you’re receiving spousal support, you may want to reconsider moving in with your new flame.
In the alternative, if you are paying your ex spouse spousal support and he/she has just moved in with the person they are dating, I would highly recommend going into court to terminate or modify the spousal support you have been ordered to pay him/her.
Additionally, if you have a roommate of the opposite sex who you are not dating and you receive spousal support, you may leave yourself open to accusations that you no longer need support. While there is a rebuttable presumption of a decreased need for support, you are stuck with the burden of proving you aren’t dating your roommate and the relationship is platonic.
For more information about annulments and other family law matters, contact the Reape-Rickett Law Firm at 661-288-1000. They are located at 23929 West Valencia Boulevard, Suite 404 in Valencia.