How is alimony affected by cohabitation?
In California, alimony is affected by cohabitation depending on the length and type of alimony awarded. Generally, there is a presumption that once a supported spouse begins living with another person, then the alimony should be reduced or terminated. If the parties do not agree that alimony should terminate or be reduced, then the court will hold a hearing to determine if a change should be made. The court will evaluate several factors when considering the effect of cohabitation on alimony, such as: the type of relationship the supported spouse is engaged in, the financial resources of the parties, the extent to which the supported spouse financially benefits from the relationship, and the length of the relationship. The court may also consider the effect of such a relationship on the lifestyle of the supported spouse. If it is determined that the supported spouse is receiving financial assistance from the cohabiting partner, the court may modify or terminate the alimony award. On the other hand, if the court finds that the supported spouse and the cohabiting partner are not financially interdependent, then the alimony award remains unaffected. Regardless of the outcome, it is essential to note that any changes to an alimony award must be legally approved by a court to be valid.
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