Many people who file for divorce cannot afford to be able to fund two different homes. What does cohabitation mean in divorce in California?

In this video, Sina Mohajer discusses potential consequences of living together or cohabitating, how cohabitation affects spousal support, as well as whether cohabitation can affect the grounds for getting a divorce.

If you have any questions or would like to speak with a skilled attorney about family law, contact Mohajer Law Firm today at (626) 569-5200.

Transcript:
Many people who file for divorce cannot afford to be able to fund two different homes. For example, if you were to separate, one person pays for the current rent or mortgage while the other spouse has to go and pay a second rent or mortgage. So a lot of the times we see couples who are going through a divorce cohabitating together during the pendency of their case.

In this video we’re going to address not only some potential consequences of living together, but how cohabitation affects spousal support, as well as whether cohabitation can affect the grounds of getting a divorce.

Hi, I’m Sina Mohajer. I’m a family law attorney practicing in the Greater Los Angeles County since 2012. I’ve been a contributing member of the Los Angeles County Bar Association and I’ve been rated by Super Lawyers since 2019.

Can Cohabitation Affect the Grounds for Divorce?

The first question is whether cohabitation actually can affect the grounds of getting divorce. The answer is no. As long as you want a divorce, you’re going to get your divorce. You living together might create some complications down the line, but nothing preventing you from getting that judgment and dissolving that marriage in order for you to start your new chapter in life.

Other Consequences Cohabitation While Getting a Divorce

Now, some potential consequences of living together, or cohabitating, could be quite a few. For example, your marriage is no longer there. That level of trust, that bond that you once had, is no longer there. So naturally, living together with someone that you might not like could create conflict. And the more conflict we have, the more we have to go into court. Potentially even a domestic violence restraining order might be needed. And we certainly want to avoid those complications and make this transition as smooth as possible.

Can Cohabitation Affect Spousal Support?

Now, whether cohabitation can affect spousal support, I definitely think it can. Because if you’re living together in one home, and you have one spouse taking care of all the expenses, the financial expenses, in a way you’re receiving that benefit free of charge. So you’re not having to pay for anything. Therefore, taking away that need for spousal support.

So you can’t really double dip and live rent free, utility free, and then expect your spouse to also pay you monthly for spousal support. But it’s possible that you could potentially get a little bit of both.

Help With Your Divorce in California

It’s very important to sit down with a seasoned family law attorney to explore your rights and your options. Feel free to give us a call. Contact us online. I’ll be happy to schedule you your initial consultation.