Cal. Codes » Family Code / DIVISION 9. SUPPORT / PART 3. SPOUSAL SUPPORT / CHAPTER 2. Factors to be Considered in Ordering Support
California Codes

Cal. Family Code § 4323 (2026)

✓ current as of May 2026
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(a)(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.

Notes of Decisions
Cited in 10 cases (2 in the last 5 years), 1995–2025 · leading case: In Re Marriage of Romero, 122 Cal. Rptr. 2d 220 (Cal. Ct. App. 2002).
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In Re Marriage of Romero, 122 Cal. Rptr. 2d 220 (Cal. Ct. App. 2002). · cites it 2× “In ruling on husband's request, the trial court must consider husband's reduced monthly net income and the relevant factors listed in Family Code section 4320 based on his reasonable expenses in light of his reduced income.”
Van Dyke v. Steinle, 902 P.2d 1372 (Ariz. Ct. App. 1995). · cites it 2× “1987) (such cohabitation creates a “rebuttable presumption, affecting the burden of proof, of decreased need for support”); Cal.Fam.Code § 4323 (West 1995) (same, except income of supporting spouse’s nonmarital partner shall not be considered); N.”
In Re Marriage of Reynolds, 98 Cal. Daily Op. Serv. 3803 (Cal. Ct. App. 1998). “But that figure included income from Jonelle’s separate investments, which could not be considered (Fam. Code, § 4323, subd. (b)), as well as unemployment benefits of $17,710, which Husband would not receive in 1994.”
Jacoby v. Jacoby, 341 P.3d 1231 (Haw. App. 2014). · cites it 2× “Cal. Fam.Code § 4323(a)(1) (West 2014), amended by 2014 Cal.”
Gilman v. Gilman, 956 P.2d 761 (Nev. 1998). “I think that it is worth noting that the majority’s relying “solely” on the financial needs of the alimony-receiving party in alimony modification proceedings ignores the true purpose of alimony and runs contrary to the public policy goal of promoting lawful marriages. The…”
In Re Marriage of Serna, 2000 Cal. Daily Op. Serv. 9928 (Cal. Ct. App. 2000). “(Fam. Code, § 4323, subd. (b) [“The income of a supporting spouse’s subsequent spouse or nonmarital partner shall not be considered when determining or modifying spousal support”].”
Romero v. Romero, 99 Cal. App. 4th 1436 (Cal. Ct. App. 2002). · cites it 2× “In ruling on husband’s request, the trial court must consider husband’s reduced monthly net income and the relevant factors listed in Family Code section 4320 based on his reasonable expenses *1447 in light of his reduced income.”
Marriage of Ruiz CA5 (Cal. Ct. App. 2023). “We can set it for a hearing 4 The cohabitation presumption (Fam. Code, § 4323) is still pending resolution in the trial court.”
David Begala v. Rebecca Begala (Tex. App. 2025). “, CAL. FAM. CODE § 4323(a)(1) (creating rebuttable 22 When a court makes a finding of de facto marriage, the court must conduct “a factual investigation into the financial circumstances, income, and expenses of the support recipient, including contributions in money or in kind…”
Marriage of Gaasch CA6 (Cal. Ct. App. 2014). “(Fam. Code, § 4323, subd. (b).) It is also forbidden to consider additional expenses when a spouse remarries.”
— Cal. Family Code § 4323(a)(1) — 2 cases
Jacoby v. Jacoby, 341 P.3d 1231 (Haw. App. 2014). “Cal. Fam.Code § 4323(a)(1) (West 2014), amended by 2014 Cal.”
David Begala v. Rebecca Begala (Tex. App. 2025). “, CAL. FAM. CODE § 4323(a)(1) (creating rebuttable 22 When a court makes a finding of de facto marriage, the court must conduct “a factual investigation into the financial circumstances, income, and expenses of the support recipient, including contributions in money or in kind…”
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