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. As such, it’s important to understand how job loss impacts your spousal support obligations. 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.
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. These factors include, but are not limited to, the following:
- 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
- Each party’s financial and domestic contribution to the marriage
These factors will also influence the amount and duration of alimony payments.
Must I Keep Paying Alimony if I’m Laid Off?
If you are laid off in New Jersey, 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.
Before determining whether or not to terminate your alimony obligation, the court will consider several factors. This includes the reason you were terminated from your job, if you’ve made attempts to seek new employment, and whether or not the recipient spouse’s circumstances have changed since alimony payments began. As such, 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.
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.
