COHABITATION

If you currently provide spousal support and suspect that your ex-spouse is sharing a living arrangement with someone who is more than just a roommate, our agency specializes in assisting clients who have been advised by legal counsel or adviser to hire a private investigator. Our goal is to help you gather evidence to determine whether your former spouse is cohabiting with another individual. By utilizing our agency's services, our clients have successfully presented evidence to the court, demonstrating their ex-spouses are involved in a romantic relationship with their supposed "roommate" and are also financially contributing to the household. In many instances, this has led to the modification or termination of spousal support, in accordance with the guidelines outlined in CA Family CA Fam Code § 4323 (2021). We provide our clients with pertinent information that can potentially result in changes or the cessation of spousal support.. 

CA Fam Code § 4323 (2021)

Family Code - FAM

DIVISION 9. SUPPORT [3500 - 5700.905]  ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. )

PART 3. SPOUSAL SUPPORT [4300 - 4360]  ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. )

CHAPTER 2. Factors to be Considered in Ordering Support [4320 - 4326]  ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )
 

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. (SB 1306) Effective January 1, 2015.)