Alimony, also known as spousal support, is a financial obligation that one spouse may have to the other after a separation or divorce. In general, support is paid to avoid financial devastation for a spouse who may have a lower income or earning capacity. There are several types of spousal support and the payment requirement can vary from temporary during the process of divorce to an indefinite monthly obligation. Paying spouses may wonder if they are allowed to stop paying alimony to their ex if a major life event happens, like if they lose their job. Unfortunately, this is not likely. For more information on spousal support and your legal rights and obligations, contact a Suffolk County alimony lawyer today.
Can I Stop Paying Alimony if I Lose My Job?
Many paying individuals wrongly assume that by losing their job their alimony obligation will cease to exist. This could not be further from the truth. If you lose your job, you are still required to make spousal support payments on time and in full. While life events can lead a court to consider altering or terminating alimony, losing your job is generally a temporary issue. If you genuinely cannot afford to pay alimony after being terminated from your position you may be able to petition the court for a modification, but you cannot stop paying alimony of your own accord.
What is a Modification?
A modification in terms of alimony is a court-ordered adjustment to the agreement. When spousal support is established the agreement generally outlines the amount to be paid, the frequency of payments, and how long the payments will continue. This is legally enforceable and must be followed.
However, it is possible to modify an existing alimony order when there has been a significant change in the paying or receiving spouse’s circumstances. Losing your job may be grounds for reducing or terminating the alimony order, but you must prove that your new circumstances prevent you from fulfilling the financial obligation.
To successfully petition the court for a modification you must work with a skilled attorney and gather evidence proving that you did not intentionally lose your job and that you have actively attempted to seek employment with comparable work and pay. If it is found that you lost your job on purpose to avoid paying alimony to your ex you will be required to continue making payments. Additionally, if you were laid off only a few days or weeks ago, a court will likely not grant the modification. That is not enough time to definitively say that you are unable to find work. Job searching takes time.
Do I Need an Attorney?
You should always have professional legal counsel when dealing with divorce matters like alimony. Do not stop paying spousal support on your own for any reason. Reach out to your lawyer to explain your new financial situation and discuss the possibility of requesting a modification. They can evaluate your new circumstances and help guide you through the process of petitioning the court. Speak with an experienced attorney today for more information.
