If the recipient of spousal support elects to cohabit with someone with whom he or she is romantically involved, it may affect the recipient’s rights to continue receiving spousal support.
If the recipient of spousal support elects to cohabit with someone with whom he or she is romantically involved, it may affect the recipient’s rights to continue receiving spousal support. Family Code Section 4236 says that there is a presumption of a reduced need for spousal support if a person cohabits. In other words, when the recipient of support cohabits, the law assumes that a portion, if not all, of his or her expenses are reduced as a result of living with another person and that the need for spousal support is significantly less. Regardless of whether or not this is accurate, the recipient of spousal support then has the responsibility to convince a judge that there is still a need for spousal support, despite the cohabitation. This can be established by showing that his or her monthly expenses remain the same and that he or she is not financially advantaged by the cohabitation.