Legal Question in Family Law in California

what is needed to determine "cohabitation" between two roommates, with respect to spousal support.


Asked on 6/21/12, 11:12 am

2 Answers from Attorneys

There is a presumption of cohabitation if they are of the opposite sex.

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Answered on 6/21/12, 12:39 pm
Anthony Roach Law Office of Anthony A. Roach

(a) (1) 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 as provided for in Chapter 6 (commencing with Section 3650) of Part 1.

(2) Holding oneself out to be the husband or wife of the person with whom one is cohabiting is not necessary to constitute cohabitation as the term is used in this subdivision.

(Fam. Code, section 4323.)

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Answered on 6/21/12, 6:57 pm


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