Q: This is family law in California question about the refund of previously paid temporary spousal support.
My wife filed in 3/15/2021 and started cohabiting with her boyfriend in 6/2021. Somehow, I was required to pay temporary spousal support. I think the court was not aware of the cohabitation since my attorney didn't object due the cohabitation. The boyfriend has a master's degree, has been fully employed, and lives 100% with her. I have an RFO scheduled for early November 2024 to end temporary spousal support. However, I want all previously paid spousal support repaid. My read of The Marriage of Dick is that temporary spousal support can retroactively be awarded. Then the opposite is also true: temporary support not needed can be refunded, esp if it should have been awarded in the first place. Is this a reasonable position?
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A:
Given your situation, it's understandable that you'd want to recover the spousal support you paid while your wife was cohabiting with her boyfriend. In California, cohabitation can significantly impact spousal support arrangements because it may reduce the supported spouse's need for financial assistance.
However, obtaining a refund of previously paid spousal support can be challenging. Courts are often hesitant to order repayment of support that was already disbursed, especially if there was no objection at the time the support was ordered. While the case of Marriage of Dick addresses retroactive modification, it doesn't necessarily guarantee a refund of past payments in situations like yours.
It might be beneficial to discuss this matter with your attorney to explore your options. They can provide guidance on whether seeking a refund is feasible in your case and advise you on the best course of action moving forward.
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