X spouse is living with and is covered under boyfriends medical benefits through his employer. Eligibility requires benefits extend to spouse or domestic partner. Conditions to be met are shown as:
1. Must complete an affidavit of eligibility and meet 1 of following criteria(share a residence/Share joint banking account/ share financial responsibilities/designate DP or children as tax dependents.
2. In addition to above have you and DP must also meet the following: (you and DP in committed, exclusive, intimate relationship/ You and DP reside in same permanent address/ You and DP are emotionally committed to one another and are jointly responsible for the common welfare and financial obligations of the household.
Yes - although your X and her BF aren't married, if she is cohabitating and he is contributing to her support, you have a solid argument. Family Code section 4323(a)(1) provides that “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"
Yes, that is certainly cohabitation. Unless you have non standard orders, this should end spousal.
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The presumption for reduction or termination is in your favor. Not a slam dunk but the facts would tilt the issue towards a reduction or elimination.
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