Divorce can bring significant financial changes, and for those receiving spousal support (alimony), one major concern is whether moving in with a new partner can impact the payments they receive. In California, spousal support is intended to help the lower-earning spouse maintain a standard of living similar to what they had during the marriage. However, cohabitating with a new boyfriend or girlfriend—even without joint finances or fully shared living arrangements—can sometimes affect the amount of support you receive.

If you spend a lot of time with a new partner, stay at their place frequently, or share expenses in any way, your ex may argue that your financial needs have changed. Here’s what you need to know about how cohabitation could impact your spousal support payments.

How California Law Views Cohabitation and Spousal Support

In California, spousal support can be modified or even terminated if the receiving spouse enters a new supportive relationship. California Family Code 4323 states that if the supported spouse begins cohabitating with a new partner, there is a legal presumption that their need for spousal support has decreased.

If you move in with a new romantic partner, your ex-spouse can petition the court to reduce or stop your spousal support. However, the burden of proof is on them to show that your financial situation has changed due to your cohabitation.

What If You and Your New Partner Keep Separate Finances? 

Many individuals in a new relationship intentionally keep finances separate to avoid any legal impact on spousal support. You may maintain separate bank accounts, separate rent or mortgage payments, and avoid sharing financial responsibilities. However, this alone may not protect your spousal support from modification.

Courts look beyond just joint accounts and shared bills. If you and your new partner spend most nights together, share groceries, go on vacations, or regularly contribute to each other’s expenses, your ex-spouse may argue that your financial situation has changed. Even if you maintain separate residences on paper, the court could still consider frequent cohabitation or financial assistance from your new partner.

What Courts Consider When reviewing Cohabitation and Spousal Support

If your ex-spouse petitions the court to modify your spousal support based on your new relationship, the judge will consider factors such as:

• Whether you and your new partner live together full-time or frequently stay at each other’s homes.
• If your new partner provides financial support (paying bills, covering travel expenses, or helping with daily living costs).
• The level of financial interdependence between you and your new partner.
• Social factors, including how you present yourselves as a couple to friends, family, or on social media.

If the court finds sufficient evidence that your financial need for spousal support has decreased due to your new relationship, they may reduce or terminate the payments.

Protecting Your Spousal Support Payments

If you’re receiving spousal support and are in a new relationship, there are some steps you can take to protect yourself from an unnecessary reduction in support:

• Maintain separate residences: If you don’t fully cohabitate, it becomes harder for your ex to argue that your financial needs have changed.
• Keep finances entirely separate: Avoid financial entanglements, such as shared accounts, joint purchases, or splitting major expenses.
• Limit visible financial assistance: If your new partner frequently pays for things like groceries, vacations, or other expenses, it could be used as evidence against you.
• Be mindful of social media: If your ex sees frequent posts of you and your new partner living like a married couple, they may use it as support for their case.

Consult with JWB Family Law

If you’re receiving spousal support and have concerns about how your new relationship could impact it, JWB Family Law is here to help. Every case is unique, and a consultation can provide the guidance you need to navigate this situation.

Our legal team is ready to assist if you’re considering cohabitation, facing a modification request from your ex, or want to protect your financial interests. Call JWB Family Law at (619) 777-5843 to set up a consultation to discuss your rights and options regarding spousal support and new relationships.