Legal Question in Family Law in California

Family Code section 4323 states that if the supported spouse is cohabiting with a non marital partner there is a rebutable presumption that there is a reduced need for spousal support.

FAM �4323. (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 nonmarital partner. 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 spouse of the person with whom one is cohabiting is not necessary to constitute cohabitation as the term is used in this subdivision.

(b) The income of a supporting spouse�s subsequent spouse or nonmarital partner shall not be considered when determining or modifying spousal support.

(c) Nothing in this section precludes later modification or termination of spousal support on proof of change of circumstances. [Amended by Stats. 2014, Ch. 82, Sec. 36. Effective January 1, 2015]

You should consult with an attorney regarding this matter. Proof of the reduced need for support should be obtained for presentation to the court.

If the parties are romantically involved, this raises the FC 4323 presumption mentioned by Mr. Johnson. If the person is merely a roommate, this fact could contribute to a justified support reduction if rent or other expenses are being paid by a roommate to defray costs.