Proving cohabitation to stop alimony – introduction
Proving cohabitation to stop alimony is a frequently arising issue in family law court during spousal support modification.
Before discussing proving cohabitation to stop alimony, let’s look at what is cohabitation. Cohabitation is the situation of two people living together and having a sexual relationship without being married. Some people think that cohabitation is similar to being a roommate. That is not correct, there are much more involved – more close relationships, possibly sexual/romantic like, and financial support.
The effect of cohabitation on alimony is different I different states. In California, cohabitation would affect alimony. In some states, it may even affect child custody and support.
What is the effect of cohabitation to stop alimony in California?
If you receiving/ paying spousal support, your divorce judgment states the amount of alimony and how long are you receiving/paying it. In a short-term marriage, the alimony is usually half of the length of the marriage. In a long-term marriage, the alimony payment is usually open-ended.
If after the divorce, the former spouse who is receiving alimony cohabitates with someone with whom he/she has a relationship (including a same-sex) , there is a possibility to modify/terminate the alimony.
Proving cohabitation to stop alimony – ways to present evidence
- To hire a private investigator who can do surveillance showing to the court that someone lives with ex-spouse on regular bases y taking photos/videos multiple times/days It is not cheap, but on the long run could help a lot
- Discovery can help to gather documentary evidence – if there is shearing a lease, utilities, a mortgage or can show the two of them are living together.
- Issuing subpoena directly to ex-spouse or landlord/mortgage company
- Finding witnesses that can be a good way to prove cohabitation. For example, neighbors and friends are a proper source to do that
- The great way to prove cohabitation to stop alimony is to get the ex-spouse to admit it. It he/she does not admit it truthfully – it is the commitment of perjury? If he/she lie before a court and the reality hits that he/she lying about it under penalty of perjury there would be serious consequences beyond just a spousal support modification.
- It takes two people to cohabitate and you can subpoena the person with who your spouse is cohabitating and take their deposition.
Proving cohabitation to stop alimony – family law presumption
Under family Code 4324 , hen a supported party is cohabiting with a nonmarital partner, there is a rebuttable presumption, affecting the burden of proof, of a decreased need for support unless the parties agree otherwise in writing. It is not required that the supported party and the other person hold themselves out to be husband and wife. Cohabitation under the statute cannot be established, however, merely by something akin to a boarding house arrangement. Rather, there must be a sexual relationship, a romantic involvement, or at least a homemaker-companion relationship. 96 CA3d at 535. When cohabitation is found to exist, the burden is on the supported party to show that, despite the relationship, his or her need for support has not diminished.
In California, modifying or terminating spousal support due to cohabitation goes beyond just proving two people are living together. Courts take a comprehensive look at the situation, including whether the supported party benefits financially from the relationship, such as sharing housing or utility costs. This financial benefit can sometimes be enough for the court to reduce support, even if the supported spouse claims no romantic involvement.
Under Family Code Section 4323, there’s no need to prove a romantic relationship. The fact that the supported party is cohabitating creates a presumption of decreased need for support, which shifts the burden of proof to them. They must show that their financial circumstances haven’t improved due to cohabitation to avoid a reduction in alimony.
California courts take a practical approach when evaluating cohabitation’s financial impact. Evidence like joint bank accounts, shared expenses, or lifestyle changes (e.g., vacations or significant purchases) can persuade the court that the cohabitation financially benefits the supported spouse. In such cases, the court may modify support.
However, Family Code Section 4336 clarifies that for long-term marriages (over 10 years), cohabitation alone doesn’t necessarily terminate spousal support. Still, it can be used as a basis to reduce support if the financial need of the supported spouse has lessened.
Overall, the courts balance the supported spouse’s financial needs with the realities of their new living arrangements, ensuring fair treatment under California law.
Under California law, cohabitation can have a significant impact on spousal support obligations. According to California Family Code Section 4323(a)(1), there is a rebuttable presumption of decreased need for spousal support if the supported party is cohabiting with a nonmarital partner. This presumption affects the burden of proof, meaning the supported spouse must demonstrate that their financial need has not diminished despite the cohabitation.
Key Legal Considerations:
- Rebuttable Presumption: The law assumes that cohabitation decreases the supported spouse’s need for financial support. The supported spouse must provide evidence to counter this presumption.
- Definition of Cohabitation: Cohabitation involves more than just living together; it includes a romantic or sexual relationship and a level of financial interdependence. Mere roommates do not constitute cohabitants under the law.
- Impact on Spousal Support Modification: If the paying spouse can prove cohabitation, the court may reduce or terminate spousal support. The court will evaluate the financial benefits the supported spouse receives from the cohabitating relationship.
Methods to Prove Cohabitation:
- Financial Records: Present evidence of shared expenses, joint accounts, or financial contributions from the cohabitant to the supported spouse’s household.
- Public Records and Documentation: Provide documentation such as leases, property records, or utility bills that list both parties at the same address.
- Surveillance and Private Investigators: Use observations, photographs, or videos showing the cohabitant’s regular presence in the supported spouse’s home.
- Social Media and Communications: Gather posts, messages, or online declarations that indicate a romantic relationship and shared residence.
- Testimony from Witnesses: Neighbors, friends, or acquaintances can provide statements regarding the nature of the relationship and living arrangements.
Legal Process:
- Filing a Motion: The paying spouse must file a formal request with the court to modify or terminate spousal support based on cohabitation.
- Burden of Proof: Initially, the paying spouse must present evidence of cohabitation. Then, the supported spouse must prove that their need for support has not decreased.
- Court Evaluation: The court will assess all evidence, considering factors like the duration of cohabitation, financial arrangements, and the overall effect on the supported spouse’s financial status.
Case Law Examples:
- In re Marriage of Geraci (2006): The court held that cohabitation creates a presumption of decreased need, and the supported spouse must provide evidence to the contrary.
- In re Marriage of Bower (2002): Emphasized that the nature of the cohabitation relationship is essential in determining the modification of spousal support.
Important Considerations:
- Same-Sex Cohabitation: California law applies the cohabitation presumption equally to same-sex relationships.
- No Automatic Termination: Cohabitation does not automatically end spousal support; it may lead to modification based on decreased need.
- Agreement Exceptions: If a written agreement between the parties specifies terms regarding cohabitation and support, the court will generally uphold those terms.
Conclusion:
Proving cohabitation to stop or reduce alimony in California involves a strategic presentation of evidence to demonstrate the supported spouse’s decreased financial need. Understanding the legal standards and effectively gathering proof are crucial steps in this process. It is advisable to consult with a qualified family law attorney to navigate the complexities of modifying spousal support due to cohabitation.
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