Legal Question in Family Law in California

California doesn't have common law marriage. California has not had common law marriage since 1872. We have computers now, and flying cars.

Mr. Roach's smart-ass answer aside, he is correct that California does not recognize common law marriage, and in fact that is an exception to the general rule that we do recognize marrigages if they were legal in the state in which they were formed (the other main one being out-of-state same-sex marriages due to Prop 8). HOWEVER, there is also a provision in the Family Code that provides a presumption that spousal support shoudl be adjusted downward if the former spouse is cohabitating with a member of the opposite sex. So you may, in fact, be entitled to an adjustment. But don't get too excited. You will need to look at your divorce judgment to see if the court reserved jurisdiction to modify spousal support. If not, you're probably out of luck unless you were married over ten years. IF you were married more than ten years, or the judgment provides for modifictions, however, then you may be in luck. You would have to file a motion to modify the support order.