If I Lose My Job Can I Stop Paying Alimony to My Ex?
Posted December 19th, 2024.
Categories: Blog.
If you lose your job you cannot stop paying alimony without express permission from a court. For more information on how to request a modification, reach out to a Cherry Hill alimony attorney and set up your no-fee consultation today.
What is Alimony?
Alimony is money that gets paid from one spouse to another after a separation or divorce. Generally coming in monthly installments, the spousal support is meant to prevent the divorce from having a significantly adverse effect on one spouse over the other.
The higher-earning spouse is generally required to contribute financial support to the lower-earning spouse to allow both parties to maintain the lifestyle that they established during the course of their marriage.
Alimony obligations may last for a set amount of time or indefinitely depending on the details of the marriage. Typically, the longer the relationship lasted and the more the lower-earning spouse contributed to the family in other ways, the longer and higher the alimony payments are.
Can I Stop Paying Alimony if I Lose My Job?
The alimony order is a legally enforceable agreement so no party involved can violate the terms without facing repercussions. If you lose your job you cannot stop paying alimony, at least not without requesting permission from the proper authorities.
How Can I Adjust Alimony After Losing My Job?
If you lose your job and can no longer afford alimony payments your first step should be to reach out to your attorney. Discuss the situation with your lawyer and determine whether or not you can realistically petition the court for a modification.
A modification is just what it sounds like, a court order that modifies the terms of the alimony agreement. Modifications can be requested by either the paying or dependent spouse for a variety of reasons. The amount paid can be increased, decreased, made more frequent, less frequent, or terminated altogether.
If you lose your job and cannot find new employment, you can petition the court for a modification to reduce or end your alimony obligation. With the help of your lawyer, you can collect and present evidence of your new financial situation including documentation of your termination, proof that you have attempted and failed to get a new job, and financial statements like severance pay, bank accounts, and more.
When Will a Court Grant a Modification?
Although you can request a modification, there is no guarantee that it will be approved. After you submit information explaining why you need a reduction in your spousal support payments, a court will consider the need and validity of your claims.
For example, you cannot purposefully stop working or take a pay cut in an effort to stop paying alimony. The court will consider the circumstances surrounding your job loss as well as evaluate your efforts to find new employment and determine whether or not enough time has lapsed to warrant a modification.
The court will consider all possibilities before determining whether or not to grant the modification. Talk to a skilled lawyer today to discuss your situation and get legal advice when requesting a change in alimony.
