Spousal Support in California

How does new spouse or mate income affect spousal support

For payers of spousal support

If you are paying spousal support, with the enactment of Family Code 4323 (b) in 1993, the income of a new spouse or non-marital partner cannot be taken into account in calculating spousal support. There is no comparable extreme hardship exception as in the case of child support. The Court of Appeal has strictly construed this provision so that new mate income cannot be taken into account directly or indirectly by virtue of the fact that it may increase the payors disposable income because the new mate pays the payors living expenses. Even if the new spouse causes an increase in the payor’s living expenses, that cannot be taken into account.

And if you are receiving spousal support

The situation is very different for the ex spouse receiving spousal support. Unless otherwise agreed in writing, re-marriage of the supported spouse terminates spousal support. Further, co-habitation with a new partner creates a rebuttable presumption of a decreased need for spousal support. The ex spouse must then prove that the co-habitation has not affected his or her need for support.

Additional Resources

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