What is the legal definition of rent?

Full question:

What is the legal definition of rent? I'm going through a divorce. I took in a housemate who is also going through a divorce. She helps with utilities and my mortgage. She does not pay me any money directly. There is no rental agreement, written or oral. My ex is claiming this is rent in order to increase support. Is this legally rent? Her attorney claims that the term rent means anything of value paid to you or to someone else in exchange for living arrangements.

• Category: Cohabitation
• Date: 04/07/2025
• State: California

Answer:

Rent is defined as any money, goods or services or anything else of value which is paid or supplied under a tenancy agreement, either written or verbal, by the tenant. The court may take oters' contributions towards living expenses and the surrounding circumstances in determining the amount of alimony, if any, to be awarded. In determining a proper award of alimony or maintenance, the court will consider all relevant factors necessary to acheive fairness and justice between the parties.

The courts in the State of California may award support to either spouse, without regard to marital misconduct. The goal in awarding spousal support is to help the spouse receiving alimony to become self-supporting within a reasonable time. Generally, the courts consider one-half the length of the marriage to be a reasonable time for a spouse to become self-supporting. Factors the court will consider in determining the length and amount of an award of spousal support include:

1. The marketable skills of the supported spouse;

2. The extent to which the supported spouse's present or future earning capacity has been impaired due to duties of the marriage;

3. The extent that the supported spouse contributed to the earning capacity of the supporting spouse;

4. The ability of the supporting spouse to pay;

5. The needs of each party;

6. The obligations and assets of each party;

7. The duration of the marriage;

8. The age and health of the parties;

9. Any other factors the court deems are equitable and just.

If a spouse is cohabiting with another who is providing financial support, that may be a factor in awarding or reducing alimony previously awarded. A motion to modify an award of alimony made be made if there has been a significant change in circumstances since the alimony order was made. Cohabitation with another person who is providing financial support may be a change in circumstances that would justify a modification. It will be a matter of subjective determination for the court, taking all the facts and circumstances into account.