Legal Question in Family Law in California

support while living with a new boyfriend

I am planning on moving in with my girlfriend who receives alimony from her previous marriage. We are wondering if she will lose her alimony if I were to move in with her. I know that marriage will eliminate any alimony but what about living together. Thanks


Asked on 2/23/01, 12:42 pm

2 Answers from Attorneys

Edward Lindley Edward Lindley, Attorney at Law

Re: support while living with a new boyfriend

Lets give this about 2 seconds thought, given that you did not state what the judgment provides re alimony (which tells me that it is not a California matter). OK-the ring on her finger likely would result in an automatic termination of the "obligation". No ring likely means that someone (perhaps the "ex") would have to go to court to end it.

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Answered on 4/06/01, 8:53 pm
E. Daniel Bors Jr. Attorney & Counselor At Law

Re: support while living with a new boyfriend

Dear Inquirer:

Nothing herein shall create an attorney-client

relationship, unless a written retainer agreement

is executed by the attorney and client. This

communication contains general information only.

Nothing herein shall constitute an attorney-client

communication nor legal advice. There likely are

deadlines and time-limits associated with your

case; you should contact an attorney of your

choice for legal advice specific to your personal

situation, at once.

If you haven't already done so, please visit my

web site at --

http://home.pacbell.net/edbjr/ OR

http://www.CaliforniaDivorceAttorney.com

The site contains quite a bit of general

information about California Family Law, as well

as information about me (education, experience,

et cetera) and my office (location, hours, fees,

policies).

NOW, IN RESPONSE TO YOUR INQUIRY --

By statute, Ca Fam � 4323(a), a supported ex-spouse's cohabitation

with a person of the opposite sex gives rise to

a rebuttable presumption of decreased need for

support.

Thanks for sharing your interesting inquiry with

us on LawGuru, and good luck with your case.

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Answered on 4/05/01, 12:55 pm


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