For many, being terminated from your job can be an incredibly overwhelming and frustrating experience, as it can place significant financial strain on you. However, when you must keep paying alimony after being laid off on top of your other bills, it can make matters even worse. In general, you cannot stop paying alimony without first obtaining approval from the court. As such, the court will examine a number of circumstances to determine if you have experienced a substantial change in circumstances that warrants a modification. The following blog explores what you should know about these matters and why connecting with a Somerset County alimony attorney is critical if you need to make a change to your divorce order.
What Happens to Alimony Payments if You Lose Your Job?
Contrary to popular belief, losing your job does not automatically terminate your alimony obligation in Somerset County. Unfortunately, if you are laid off, you must continue to comply with the court order until a judge issues a formal modification. Failure to adhere to the plan, even when job loss is to blame, can lead to enforcement actions.
How Are Spousal Support Payments Determined?
Unfortunately, there is a common misconception that the courts will automatically give whichever spouse earns less alimony. However, the spouse who needs assistance must petition the court for alimony during the divorce, and several factors will be taken into consideration before payments are awarded.
Factors Courts Consider When Awarding Alimony in New Jersey
- The income of each party
- The earning capacity of each party
- The standard of living established during the marriage
- If one party put their career on hold to raise children
- The education needs of the recipient’s spouse
- The age and health of each party
- The length of the marriage
- Child custody, parenting time, and visitation arrangements
- Each party’s financial and domestic contribution to the marriage
How Courts Determine the Length and Amount of Alimony
- The court will evaluate the financial circumstances and needs of each spouse
- The judge will consider whether the requesting spouse is financially dependent on the other
- The duration of the marriage can impact the length of the support obligation
- The court will consider potential earning capacity
Must I Keep Paying Alimony if I’m Laid Off?
If you are laid off in Hillsborough, Bridgewater, Franklin, or any surrounding Somerset County community, it’s imperative to understand that you cannot simply stop making payments without obtaining permission from the courts first. Even then, you’ll need to show that petitioning to stop alimony payments is a last resort. However, you cannot petition the court until 90 days have passed since you’ve lost your job.
In Somerset County and across New Jersey, requests to modify alimony obligations typically proceed through the Superior Court of New Jersey, Family Part. Here, before determining whether or not to terminate your alimony obligation, the court will consider several factors.
What Factors Will the Court Consider
- The reason for the loss of employment
- If the job loss was voluntary or involuntary
- If the paying spouse made a good-faith effort to find new employment
- If the recipient spouse’s financial circumstances have changed
- If the paying spouse received a severance package
- If there are alternative income sources
- If at least 90 days have passed since the loss of employment
What Types of Job Loss May Prevent Alimony Modification?
Not all job losses will justify the modification of alimony obligations in New Jersey. If your termination was because you violated company policy or did something illegal, the court will be less likely to issue the modification than if you were laid off due to budget cuts, for example. Additionally, if you have not made a good-faith effort to seek new employment, the courts may hold this against you.
What Should You Do After Losing Your Job?
- Continue making alimony payments in accordance with the court order
- Document your job search efforts (application submissions, scheduled interviews, etc.)
- Obtain documentation to show your current financial situation
Can Alimony Be Modified in New Jersey?
In accordance with New Jersey law, you’ll find that alimony may be modified if there has been a substantial change in circumstances. While loss of employment typically constitutes a significant enough change, the paying spouse must show that the job loss has caused a considerable change in their income and ability to make alimony payments.
When Courts May Approve an Alimony Modification
- The paying spouse was involuntarily laid off
- The unemployment has lasted a considerable amount of time
- The paying spouse has been actively searching for new employment
- The financial circumstances of either spouse have changed considerably
- Continuing payments would result in extreme financial hardship
When Courts May Deny an Alimony Modification
- The paying spouse voluntarily stopped working
- The job loss was the result of misconduct or policy violations
- There is evidence to suggest the paying spouse is intentionally underemployed
- The paying spouse has made no good faith efforts to obtain new employment
Contact an Experienced Somerset County Family Law Firm
As you can see, there are a number of important considerations that will impact whether or not you must keep paying your alimony, which is why connecting with the team at the Siragusa Law Firm is critical. We understand how complicated these matters can be, and we will do everything possible to assist you during these times so you can fight for the best possible outcome. When you need help, our firm is here. Contact us today to discuss your circumstances.