Alimony

Family Code 4323(a)(1) states that "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." If your divorce is final, you can file a request for order to modify or terminate spousal support based on wife's cohabitation. It is not certain how your judge will rule on this issue. Keep in mind that if he has no income, she may be able to rebut the presumption that she has a decreased need for support because the new boyfriend is not contributing anything to her household expenses. You may also be able to show that she is using your support to subsidize her boyfriend's expenses - and a court would not likely permit that to continue. If she remarries, spousal support will certainly cease. Because this is a fact specific question, it is likely one that is worth consulting with an attorney about in person. Best of luck.