Can I get alimony reduced when my ex-wife moves in with her boyfriend?

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Can I get alimony reduced when my ex-wife moves in with her boyfriend?

Our settlement agreement is silent on this situation. I know the answer is generally yes in my state but the additional factor here is she is also now unemployed.

Asked on April 8, 2016 under Family Law, California

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Typically, spousal support lasts until either the death of either ex-spouse or until the party receiving spousal support remarries. Living together with a boyfriend is not considered remarriage but it makes an arguable presumption that there is a decreased need for such support do to "new mate income" (i.e. your ex's boyfriend's income). As a result, many ex-spouses try to hide the fact that they’re co-habiting. If your ex-wife is openly living with her boyfriend, it will be easy to prove in court. Since spousal support is not governed by any guidelines (unlike child support) and is within the discretion of the court. So definitely, the fact that she’s living with her boyfriend is sufficient to warrant a revisiting of your support order and even more so if she is now unemployed.


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