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If my x-wife who I am paying alimoney (legal seperation for

a year now) has her...
If my x-wife who I am paying alimoney (legal seperation for a year now) has her boyfriend move in to her home with her, do I still have to pay Alimoney?
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Answered in 13 minutes by:
8/1/2012
FamilyAnswer
FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 29,517
Experience: 10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

I certainly understand your situation and concern. The fact that her new boyfriend now lives with her and she is cohabiting with a person of the opposite sex, could give you a legal basis to seek the alimony payments to be reduced or terminated. The statute which I stated below, does allow it. However, you can not just stop paying. The reduction or termination in support, would have to be ordered by the court. You could file this motion yourself or retain an attorney, to represent your best interest. Your ex, would then have to show that she still needs the support, even if he is living with her and the burden would be on her, to do so. There is a presumption in your favor and one that she must overcome.

CAL. FAM. CODE § 4323 : California Code - Section 4323

(a)(1)Except as otherwise agreed to by the parties in writing, there is a rebutable 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. 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 husband or wife 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.



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Customer reply replied 5 years ago
thank you for your quick response. In speaking with my x, she is stating he is moving out. This was confirmed by the children. I supose I'd need to wait and see, but how would the court view this? I supose I'd still be on the hook for Alimoney?
That is correct. If he is no longer living there, she would not be cohabiting with him, as required by the statute, as a basis for the modification/termination. As such, you would still be required to pay, unless of course you could prove that he was still living there without trying giving the impression of doing so, so she could keep the alimony. Of course, it seems odd that she is telling you he is moving out, once she may have been aware of this, so you may want to monitor the situation and speak with your kids, to confirm this does in deed happen.
FamilyAnswer
FamilyAnswer, Lawyer
Category: Family Law
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Hi Joel. Just wanted to follow up and see if the information I provided above helped answer your question. Please let me know if you have any other questions or need any clarification. Thanks!

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