Once a divorce is finalized, and the spousal support decision has been made, can it be changed?
CHANGING SPOUSAL SUPPORT
It really comes down to what the final agreement was. But unless there was an agreement that spousal support should continue during marriage, typically it is terminated when the receiving spouse remarries or has a change in circumstances, such as a large shift in income. Additionally, it will need to be proven that a “change in circumstances” has occurred.
THE ISSUE OF COHABITATION
A tricky subject that often comes up with spousal support is “cohabitation.” This typically means when an unmarried couple lives together without formally registering as a married couple. As people move on from their divorces, it’s obvious that they might start dating other people, and perhaps even “co-habitat” with that person prior to marriage. But what happens to the spousal support payments when this happens?
CALIFORNIA’S VIEW ON COHABITATION
In California, it’s presumed that once a spousal support recipient begins cohabiting with another person, his or his need for support is reduced. So unless you are able to prove that you still need the same amount of spousal support, a judge can eithis reduce or terminate your spousal support.
WORKING WITH AN ATTORNEY
If you have started living with someone while receiving spousal support, you should contact a spousal support attorney. They will help you eithis make arrangements to lessen the spousal support payments, or build a case for why you should still be receiving the same amount of spousal support. Since California has general guidelines regarding this situation, it’s crucial you work with an attorney to ensure you receive the amount of money necessary to continue your current standard of living.
Source: Nolo, How Living Togethis Affects Current Alimony Payments, 2014
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