Using a Private Investigator in Cohabitation cases.

Cohabitation and Spousal Support Modification in California

In California, spousal support isn’t necessarily permanent. One common reason for modifying or ending spousal support payments is when the supported spouse begins cohabitating with a new partner. But what exactly does “cohabitation” mean, and how do courts determine if it’s enough to change support orders?

What Is Cohabitation?

Under California Family Code Section 297.5(d)(3), cohabitation is generally presumed if two people live together continuously for at least six months, unless one is temporarily or permanently absent. Cohabitation means more than just sharing a residence—it often involves a relationship similar to marriage, including financial interdependence and social recognition.

How Cohabitation Affects Spousal Support

According to California Family Code Section 4323, if a supported spouse is cohabitating with someone in a marriage-like relationship, the court may modify or terminate spousal support. This is because the new relationship can reduce the supported spouse’s financial need.

However, proving cohabitation can be tricky since couples don’t always share leases or utility bills, and one party may deny living together.

Why Use a Private Investigator?

A licensed private investigator can gather the evidence needed to prove cohabitation legally and effectively. Investigators use surveillance, photographs, interviews, and background research to document whether the couple shares a home and lives as partners.

Since California law (Penal Code Section 637.2) restricts unauthorized recording of private conversations, a professional investigator knows how to collect evidence without violating privacy laws, ensuring admissibility in court.

Next Steps

If you believe cohabitation may impact spousal support in your case, it’s important to speak with a qualified family law attorney. They can advise you on your rights and help coordinate with a private investigator to build a strong case.