Section 4323 Was Revised Effective 1/1/15 To Address Same-Sex Cohabitations
CALIFORNIA FAMILY CODE
EFFECT OF COHABITATION ON RIGHT TO RECEIVE SPOUSAL SUPPORT
Family Code Section 4323
(1) Except as otherwise agreed to by the parties in writing, there is a
rebuttable presumption, affecting the burden of proof, of decreased need
for spousal support if the supported party is cohabiting with a nonmarital
partner. Upon a determination that circumstances have changed, the court
may modify or terminate the spousal support as provided for in Chapter
6 (commencing with Section 3650) of Part 1.
(2) Holding oneself out to be the spouse of the person with whom one is
cohabiting is not necessary to constitute cohabitation as the term is
used in this subdivision.
(b) The income of a supporting spouse's subsequent spouse or nonmarital
partner shall not be considered when determining or modifying spousal support.
(c) Nothing in this section precludes later modification or termination
of spousal support on proof of change of circumstances.