In re Marriage of Leib

In In re Marriage of Leib (1978) 80 Cal.App.3d 629, wife and her son resided full time with her new partner, Mr. Elbaum, in a house he purchased. (Id. at pp. 633, 638.) Wife did not know the purchase price of the house they lived in, the amount of the mortgage payments or the monthly utility expenses. (Id. at p. 639, fn. 8.) Wife traveled to Europe with Mr. Elbaum at his expense and drove a Ferrari which he provided to her. (Id. at p. 639.) Wife did not work and "provided to Mr. Elbaum the identical services a nonworking wife is expected to and generally does furnish to a working husband." These services included housekeeping, cooking and companionship. (Id. at p. 640.) In reversing the trial court's denial of a motion to reduce spousal support, the Second Appellate District held that wife had not overcome the statutory presumption of decreased need for spousal support due to her cohabitation and relationship with Mr. Elbaum. (Id. at p. 644.)