Family Law Questions? Ask a Family Lawyer Online.
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Answer: The first place to look is in your marital settlement agreement to see if there is a provision calling for the reduction of spousal support if you are cohabiting. If there is no cohabitation provision, then your cohabitation is considered a change in circumstances triggering the CA Family Code's presumption of a decreased need for spousal support. However, you can present evidence to prove to the court that you have a continued need for support despite the cohabitation. If you are not able to meet this burden, then the court may modify or terminate spousal support.