Do spousal support payments end if the recipient remarries or moves in with a new romantic partner?

By Leslie J. Shaw
March 07, 2018
Do spousal support payments end if the recipient remarries or moves in with a new romantic partner?

Spousal support payments do not end based upon the cohabitation of the recipient spouse. But there is a presumption of decreased need when a recipient spouse cohabits. Oftentimes the dispute is whether there is a cohabitation or whether there’s merely some co-tenancy or co-occupancy of premises.

Now the cases and the statutes, both in California and Nevada don’t require that there be a romantic or personal component to the cohabitation of a recipient spouse with another. It really looks at the cost saving or the economic impact – two can live more cheaply than one, that there’s an economy of scale. And if people are now sharing expenses with somebody living under the same roof, they don’t need as much in support.

But nothing happens automatically. That presumption might give rise to the paying spouse seeking relief from the court. And in the absence of an agreement between the spouses, it will take an order of court based upon cohabitation to affect the change in support.

Leslie Shaw practices family law in both California and Nevada, and has been involved in close to 1,000 family law matters largely involving litigation throughout his 40 year career. He is also a Certified Family Law Attorney, a status granted by the California Board of Legal Specialization. To learn more about Leslie and his practice, please visit

Back To Top

March 07, 2018
Categories:  FAQs

Add A Comment


Allowed HTML: <b>, <i>, <u>, <a>



Divorce Lawyers

Certified Divorce Financial Analyst

Find all CDFAs

Divorce Mediators

Find Divorce Mediators

Business Valuators / CPAs

Find Business Valuators / CPAs

Collaborative Practice

Find Collaborative Practitioners

Reason for your Divorce

Why did your relationship end? If there's more than one reason, choose the strongest factor.

Money Problems/Arguments
Physical/Emotional Infidelity
Physical/Mental Illness
Physical/Emotional Abuse
Alcoholism/Addiction Issues
Basic Incompatibility

Copyright © 2017 Divorce Magazine, Divorce Marketing Group & Segue Esprit Inc. All rights reserved. Reproduction in whole or in part without prior written permission is prohibited.