Spousal Support and New Boyfriend

[Paul C]

What is the name of your state? CA

I pay my ex-wife spousal support. Our incomes at the time of the divorce varied greatly 6 to 1. Her new boyfriend plans to move in with her without getting married. He will be paying most of her bills. He makes as much money as I do if not more money. Do I have a right to ask for a cancellation of my spousal support?

PC

[tigger22472]

It depends on how your court order reads.

[ablessin]

You have to prove he lives with her and contributes to her monthly expenses for starters**************.

[VeronicaGia]

Originally Posted by Paul C

What is the name of your state? CA

I pay my ex-wife spousal support. Our incomes at the time of the divorce varied greatly 6 to 1. Her new boyfriend plans to move in with her without getting married. He will be paying most of her bills. He makes as much money as I do if not more money. Do I have a right to ask for a cancellation of my spousal support?

PC

Is there a cohabitation clause in your court order? You really need to read your order.

[BelizeBreeze]

Cohabitation may be the basis for seeking a decreased spousal support award.

Family Code section 4323(a)(1) provides that “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....".

This statute is interpreted to apply where the supported spouse is cohabitating in a romantic relationship with a person of the opposite sex. Cohabitation can be difficult to prove however.