If you are currently making alimony payments and have recently lost your job, you may be wondering if this warrants an alimony modification. To learn more about how losing a job may impact alimony payments in New Jersey, continue reading and contact our New Jersey alimony and spousal support attorney
Can I stop paying alimony if I lost my job?
The following questions will be considered by the court when determining whether or not a loss of employment should result in an alimony modification:
- What was the reason for the loss of employment?
- Did the individual receive and severance payment from their previous employer?
- Has the individual been out of work for at least 90 days prior to seeking the alimony modification?
- Is the individual able to physically and mentally obtain and retain employment?
- What has the individual done in the meantime to find a replacement position or alternative means of income?
It is important to retain the services of an experienced alimony attorney who can help you to request an alimony modification to ensure that your needs, interests, and concerns are taken into account by the court.
Which job losses do not result in changes to alimony?
Not every circumstance where one party loses their job will result in an alimony modification. Voluntarily leaving a job or quitting is not considered an “unanticipated change in circumstances.” This is a critical legal requirement for any post-divorce modification. Losing a job due to gross negligence or criminal wrongdoing may also preclude an alimony modification. However, there are cases where the loss of a professional license has resulted in an alimony modification.
It is also important to understand that rehabilitative alimony can never be modified. If you are paying or receiving rehabilitative alimony, a reduction in what a court has already found to be owed between the parties will not be warranted by any change in circumstances. However, a loss of employment by the paying party can result in an extension of the time frame they are given to repay what they owe.
If you have any further questions about your specific change in circumstances and if this warrants an alimony modification, do not hesitate to contact our experienced alimony and spousal support attorney.
Contact our experienced Bergen County firm
At Townsend, Tomaio & Newmark, our attorneys have extensive experience helping clients to understand and protect their legal rights before, during, and after the divorce process in towns across New Jersey and Bergen County, including Hackensack, Ridgewood, Paramus, Teaneck, and Fort Lee. To speak with our team of divorce lawyers today in a free and confidential consultation regarding your concerns about your divorce, please contact us online, or through our Hackensack, NJ office at (201) 397-1750.