It is interesting to note that in California when same-gender couples part their ways, Family Code § 4323(a)(1) imposes a presumption that affects the “burden of proof, of decreased need for spousal support if the supported party is cohabiting with a person of the opposite sex.”  What this means is that when a spouse who receives support cohabits with an opposite-sex partner in a relationship, a burden is placed upon that spouse to demonstrate a continued need for spousal support at the same level to which he or she was entitled before cohabiting.

A key understanding here is that section 4223(a)(1) addresses opposite gender spouses only.  There is no such presumption where a supported spouse is cohabiting with a same-sex partner.  The California legislature still seems to be lagging when it comes to addressing the financial realities of same-gender relationships.

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