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Can I Get Alimony Reduced if My Ex Gets a New Job and Live-In Boyfriend?

Can I Get Alimony Reduced if My Ex Gets a New Job and Live-In Boyfriend?

Q: Do mortgage payments count as alimony?

Mortgage payments do not count as alimony. Alimony is a separate financial obligation intended to support a former spouse. However, if one spouse is responsible for paying the mortgage on a jointly owned property, this may be factored into overall financial considerations during divorce proceedings or alimony discussions.

Q: Can living with a boyfriend affect alimony?

Yes, living with a boyfriend can affect alimony. Cohabitation may be considered a significant change in circumstances, which can lead to a modification of spousal support. The court will evaluate the financial implications of the new living situation, including any shared expenses and the recipient's income.

Full question:

My ex wife moved in with her boyfriend and she is renting out her old house to pay for the mortgage. She is also starting to work as a substitute teacher. How much of a reduction is possible on the alimony I pay her. I live in Los Angeles County and she lives in San Diego County. Her old house is in Orange County and that is where the divorce was finalized.

Category: Divorce
Subcategory: Modification
Date: 04/07/2025
State: California

Answer:

When a divorce decree is issued by a court, that court retains jurisdiction to modify its order. A court may grant a motion for a modification of a divorce decree when the parties consent to the modification or when a significant change of circumstances justifies the modification. If any factor used in determining spousal support changes, such as a change in income or remarriage, modification may be available. The amount of modification will be a matter of subjective determination for the court based on all the facts and circumstances involved.

A variety of events may call for an alimony modification. These include:

An increase or involuntary decrease in the supporting spouse's income
An increase or decrease in the recipient's income
An increase in the cost of living
A disability that affects either spouse
A financial emergency (for example, a large medical bill) that affects either spouse
The recipient's loss of his or her home
The recipient's cohabitation with another person
The remarriage of the supporting spouse
A change in state laws

Either party can petition the court for alimony modification at any time. In most states, if there was a modification in the past, a new petition can't be filed for a set period of time.

To revise alimony orders, the court first must rule that there has been a change in circumstances. The court looks at the recipient's needs, the recipient's ability to provide for those needs, and the supporting spouse's ability to maintain the recipient's standard of living.

The party that petitions for modification bears the burden of proof in court. That means the petitioner must fully disclose his or her financial situation, including tax records, before the court examines the other spouse's financial situation.

If the parties reach an agreement, a judge can approve a modification without going to trial. Both parties may need legal counsel if the case goes to trial.

Please see the following CA statutes:

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=fam&group=03001-04000&file=3650-3654
http://www.leginfo.ca.gov/cgi-bin/displaycode?section=fam&group=03001-04000&file=3660-3668

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

How to renegotiate alimony?

To renegotiate alimony, you should first gather evidence showing a significant change in circumstances, such as changes in income or living situations. Then, discuss the changes with your ex-spouse to see if you can reach an agreement. If both parties agree, you can submit the modification request to the court for approval. If an agreement cannot be reached, you may need to file a motion in court, where a judge will review the evidence and make a decision.

How to negotiate for alimony?

Negotiating for alimony involves discussing your financial needs and circumstances with your ex-spouse. Prepare to present your case clearly, including your income, expenses, and any changes in your situation. Be open to compromise and consider using mediation if direct negotiations are challenging. If an agreement is reached, ensure it is documented and submitted to the court for approval.

Do mortgage payments count as alimony?

How to get your ex to pay alimony?

If your ex is required to pay alimony but is not doing so, you may need to file a motion with the court to enforce the alimony order. Provide evidence of non-payment and any attempts you've made to resolve the issue. The court can then take action to ensure compliance, which may include wage garnishment or other enforcement measures.

Can living with a boyfriend affect alimony?

How to get an increase in alimony?

To seek an increase in alimony, you must demonstrate a significant change in circumstances, such as an increase in your living expenses or a decrease in your income. Gather financial documentation to support your request and communicate with your ex-spouse about your situation. If an agreement cannot be reached, file a motion with the court to review your case.