This is in California.. maybe Cadillac59 is looking in! Does anyone know if an ex-wife must still pay alimony/support to her ex-husband (no minor children involved) if he now has a girlfriend living with him? They have put off marriage until the set time of payment from the ex-wife is exhausted. Doesn't seem right that he can set up housekeeping with another woman while the ex-wife is required to pay him monthly. I think she has to continue payment for 2 years, or unless he remarries, whichever comes first. But, what if they are living together just to get around the marriage part so he can still collect?

You said it: "continue payment for 2 years, or unless he remarries, whichever comes first".

Thanks, AT YOUR SERVICE. But, are you also saying that the guy and girlfriend CAN live together while he collects living expenses from his ex-wife?? Isn't that like having your cake and eating it? They can put off an official marriage for at least 2 years so he can collect money from his ex, but still live with his girlfriend in his home? Thanks for any other insight.

If that is the way the paperwork for his alimony is written, yes, he can have his cake and eat it too and the ex wife can't do anything about it legally.

Quote:

---

Originally Posted by Delilah P

This is in California .. maybe Cadillac59 is looking in! Does anyone know if an ex-wife must still pay alimony/support to her ex-husband (no minor children involved) if he now has a girlfriend living with him? They have put off marriage until the set time of payment from the ex-wife is exhausted. Doesn't seem right that he can set up housekeeping with another woman while the ex-wife is required to pay him monthly. I think she has to continue payment for 2 years, or unless he remarries, whichever comes first. But, what if they are living together just to get around the marriage part so he can still collect?

---

Gosh, this comes up all the time. I've got a case right now where this is an issue.

In California cohabitation with a person of the opposite sex is a basis to terminate support or to reduce it. But it is not an automatic reduction or termination. There is only a presumption of reduced need in such cases- and the cohabiting parties don't have to hold themselves out as husband and wife for the presumption to apply (Family Code Section 4323). There must also be some kind of romantic relationship going on, and not involve just a couple of folks who are friends sharing a dwelling.

I think cohabitation alone constitutes a change of circumstances justifying a modification of support (although the statute seems a little ambiguous in this respect suggesting there should be some other additional change of circumstances for modification).

As a practical matter these cases are really hard to prove. People lie all the time about either the nature of the relationship or their living together or both. So watch out. Check the disso decree also because if it says cohabitation won't matter while support is payable then the statute doesn't apply (I've never seen any such language in any disso decree by the way).

The simple answer to your question of whether the ex can live with his girlfriend and still collect the spousal support is yes, of course. But the good news is the ex-wife/support obligor can seek a modification or termination of the support because of the cohabitation; but it can be an uphill battle. Like I said, it's not an automatic termination as applies in a remarriage.

Cadillac59 is right. Proving it would be the issue. 1st proving that she "lives" there versus stays often.

If she does live there, proving the relationship may be an issue. He could claim he was not getting enough from the ex and he needed to get a roommate to help with expenses. Then he can show she has paid 1/2 the rent.

Thanks ATYOURSERVICE, cadillac59 and twinkiedooter.. this is the exact information I had needed. ;)