Is the language that terminates spousal support in the case of cohabitation usual or necessary?
Full Question:
Answer:
The following are California statutes:
§ 3580 Fam.
Subject to this chapter and to Section 3651, a husband and wife may
agree, in writing, to an immediate separation, and may provide in the
agreement for the support of either of them and of their children
during the separation or upon the dissolution of their marriage. The
mutual consent of the parties is sufficient consideration for the
agreement.
§ 3590 Fam.
The provisions of an agreement for support of either party shall be
deemed to be separate and severable from the provisions of the
agreement relating to property. An order for support of either party
based on the agreement shall be law-imposed and shall be made under
the power of the court to order spousal support.
§ 3591 Fam.
(a) Except as provided in subdivisions (b) and (c), the provisions
of an agreement for the support of either party are subject to
subsequent modification or termination by court order.
(b) An agreement may not be modified or terminated as to an amount
that accrued before the date of the filing of the notice of motion
or order to show cause to modify or terminate.
(c) An agreement for spousal support may not be modified or revoked
to the extent that a written agreement, or, if there is no written
agreement, an oral agreement entered into in open court between the
parties, specifically provides that the spousal support is not
subject to modification or termination.
§ 4323 Fam.
(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 person of the opposite sex. 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 husband or wife 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.
§ 4330 Fam.
(a) In a judgment of dissolution of marriage or legal separation of the
parties, the court may order a party to pay for the support of the other
party an amount, for a period of time, that the court determines is just
and reasonable, based on the standard of living established during the
marriage, taking into consideration the circumstances as provided in
Chapter 2 (commencing with Section 4320).
(b) When making an order for spousal support, the court may advise the
recipient of support that he or she should make reasonable efforts to
assist in providing for his or her support needs, taking into account the
particular circumstances considered by the court pursuant to
Section 4320, unless, in the case of a marriage of long duration as provided
for in Section 4336, the court decides this warning is inadvisable.
§ 4337 Fam.
Except as otherwise agreed by the parties in writing, the
obligation of a party under an order for the support of the other
party terminates upon the death of either party or the remarriage
of the other party.