Can I Get Alimony If I Live With My Boyfriend? How Cohabitation Affects Support

Last reviewed: October 17, 2026. This article is general information, not legal advice. Cohabitation rules differ by state and by the wording of your decree, so check both.

Moving in with someone new after a divorce is a big step, and if you receive alimony (or hope to), it's smart to ask what it will do to your support before you sign a lease together.

Short answer: Can you get alimony if you live with your boyfriend? Often not for long. In many states, living with a romantic partner lets your ex ask the court to reduce or end alimony, and in some states, such as Texas, the court must end court-ordered maintenance once cohabitation is proven. Other states, like Florida and California, look at whether the relationship lowers your financial need. Your decree may also contain its own cohabitation clause.

Why living together affects alimony

Alimony (also called spousal support or maintenance) is meant to help a lower-earning spouse meet reasonable needs after divorce. When you share a home with a partner, courts assume your costs may be lower, or that you are getting support from someone else. That is why many states treat cohabitation as a reason to revisit support, much like remarriage.

The key point is that it usually doesn't stop by itself. Your ex normally has to file a motion to modify or terminate, and prove the relationship.

How three states handle it

Texas: termination is mandatory once proven

Court-ordered maintenance in Texas ends automatically on remarriage or death, and the court must terminate it after a hearing if it finds you live with a dating or romantic partner in a permanent home on a continuing basis (§ 8.056). Payments that were already due before termination still have to be paid. If your support comes from a contractual alimony agreement rather than a court order, its own terms control. See our guide on Texas alimony rules.

Florida: the "supportive relationship" test

Florida asks whether a "supportive relationship" exists. The paying spouse must prove it, and then the burden shifts to you to show why support should continue. The court makes written findings using factors in § 61.14, including:

• whether you hold yourselves out as a married couple (shared last name, common address, calling each other "my husband" or "my wife");
• how long you have lived together;
• whether you pooled money, opened joint accounts or are financially interdependent;
• whether either of you pays the other's debts or expenses;
• whether you perform valuable services for each other or each other's business.

California: a presumption of decreased need

California Family Code § 4323 creates a rebuttable presumption of "decreased need for spousal support if the supported party is cohabiting with a nonmarital partner," unless the parties agreed otherwise in writing. You can try to rebut it, for example by showing your partner contributes little, and the court may modify or terminate support (Cal. Fam. Code § 4323).

Other states use their own tests, and some leave it to the judge's discretion. Check your state's spousal support statute.

What courts tend to look at

Even though the wording differs, judges commonly ask:

• Do you live in the same home most nights, on an ongoing basis?
• Is the relationship romantic or dating, rather than a roommate arrangement?
• Do you share expenses, accounts or property?
• Do you present yourselves to others as a couple?

Separate addresses don't guarantee safety, and a roommate isn't necessarily a "cohabitant". Facts matter more than labels.

Practical steps before you move in

1. Read your divorce decree or settlement. Look for a cohabitation, remarriage or termination clause.
2. Check your state's statute. Search your state's family code for "cohabit" or "supportive relationship".
3. Budget as if alimony could end. In some states it can stop soon after your ex files.
4. Don't hide the move. Concealing cohabitation can damage your credibility. In Texas, for example, a recipient must return maintenance paid beyond what the court ordered once the obligation has ended (§ 8.0591).
5. Get advice before you decide. A family law attorney in your state can tell you how local courts apply the rule.

If you're still in the divorce process, see what can be used against you in a divorce and is it worth contesting a divorce.

Sources

• Tex. Fam. Code ch. 8, spousal maintenance, including § 8.056 termination (Texas Legislature)
• Fla. Stat. § 61.14, modification of support, supportive relationships (Florida Legislature)
• Cal. Fam. Code § 4323, cohabitation and spousal support (California Legislative Information)