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Does Dating Affect My Alimony?

Posted on January 15th, 2023

Is Dating Affect Alimony?

Getting back on the dating scene at some point after finalizing your divorce is likely to happen if and as you seek to find love again. If you are receiving alimony, you may wonder if seeing new people is likely to affect your spousal payments. In California, remarriage automatically terminates alimony payments. But what about dating? Would it cause a modification or termination of the alimony? Several factors can affect your alimony in California, including a change in your relationship status.

Dating and Alimony

Simply dating someone or living with them for a short period of time will not affect your alimony. However, it is essential to remember that remarrying in California will automatically terminate alimony. In addition, being involved in a serious relationship with your new partner may lead to adjustment or termination of the spousal payments. Therefore, you may need to consider it before taking the next step in your relationship or moving in with your new partner.

Cohabiting and Alimony

In California, cohabiting can lead to decreased need for spousal support. Suppose the person receiving alimony starts living with a new partner and receives financial support from them. In that case, it could be considered a change in circumstances that could lead to a reduction or termination of the alimony award unless the spouse receiving alimony can prove that they need the continual support of their ex-spouse even though they are living with their new partner. The court will not consider your new partner’s financial status. However, the judge may consider the share of expenses your new partner is paying and how this may influence the receiving spouse’s need for alimony.

If you begin cohabiting or living with your significant other, the court may argue that your living expenses have decreased and you have less need for alimony. Your ex-spouse may request the court to adjust or terminate the alimony order by filing a modification of spousal support, given the substantial change in circumstances. Before this is considered, the court must conduct a comparative assessment to prove that you do not need more spousal payments. The court can assess this by proving that:

  • You live together with your significant other
  • You are in a committed relationship with your new partner

In addition to this, you may have to answer some questions:

  • Do you and your new partner share any assets?
  • Are you both sharing the cost of your household expenses, such as rent?
  • Are your friends and family aware of your relationship?
  • How long have you been dating?
  • Do you spend holidays and vacations together?

The court will consider your responses to the above questions and the evidence gathered to determine whether the new relationship is serious, committed, or casual and likely to be short-term, which may either lead to upholding or cessation of the spousal support payments.

What Evidence Can Be Used to Modify or Terminate Alimony in California?

The court can modify or terminate your alimony in California through evidence such as;

  • Commingled finances through a joint bank account
  • A rental agreement bearing both names
  • Having the same postal address
  • A title of a plot of land that you co-own
  • A child you have with your new significant other
  • Images of a commitment ceremony between you and your new partner

If you are thinking about moving to another state with your new partner, I hate to break it to you, but you will not be exempt from the California cohabitation law and the consequences that the move may have on your alimony. You may even have to adhere to the cohabitation laws in the new state.

Contact Our Skilled Los Angeles Spousal Support Attorney Today for a Free Case Evaluation Today

It’s important to note that the laws on alimony are complex, and each case’s specific circumstances will be considered. It is always recommended to consult with a family law attorney for more information about your specific case. If you are in a new relationship and are afraid of losing your alimony, contact the skilled Los Angeles spousal support attorney for a free case assessment today. We know how much you need the payments and can assist you in getting the financial assistance you need as you find love. Call (310) 745-8644 our qualified, experienced family law attorney in Los Angeles for more legal assistance.