Cohabitation and Spousal Support – Family Code 4323

Remarriage ends spousal support by law. Moving in with a new partner without marrying does not, but it changes the analysis.

California Code Family Code § 4323 creates a rebuttable presumption of decreased need for spousal support when the supported party is cohabiting with a nonmarital partner. The presumption applies regardless of the partner’s gender. Once the paying spouse shows that the supported spouse is living with a partner, the burden shifts to the supported spouse to show that his or her need has not in fact decreased.

Cohabitation means more than an overnight guest or a roommate; it means living together in a relationship that resembles marriage, with shared expenses or a shared household. Evidence usually comes from addresses, lease or mortgage records, social media, and sometimes a private investigator.

The statute also provides that the partner’s income itself is not to be considered in determining or modifying the support amount. The question is the supported spouse’s need, not the new partner’s ability to pay. A paying spouse who learns of cohabitation should file to modify promptly, since support already accrued cannot be reduced retroactively.