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Cohabitation as Affecting Spousal Support

I am often asked how the fact that a supported spouse that cohabits with a person of the opposite sex may affect payment of spousal support. Family Code Section 4323 provides for a rebuttable presumption affecting the burden of proof that there may be a decreased need for spousal support if the supported party is living with a person of the opposite sex. It may be deemed that the supported spouse is being financially assisted by the cohabiter and is therefore less needful of support being paid. The cohabiter need not claim to be the "husband" or "wife" of the support-receiving person. Additionally, the income of the supporting person's spouse or non-marital partner is not considered as income for purposes of payment of support to the receiving party.

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