What Happens to Alimony if I’m Laid Off in NJ?

Losing your job can be an overwhelming life event, causing intense uncertainty and financial strain as you may struggle to meet your payments without a source of income. However, when you are responsible for spousal support payments in addition to your other bills, it can create even more financial strain. As such, it’s important to understand what will happen to your alimony obligation in the event you are laid off. This blog explores what you must know about these matters and why it’s imperative to connect with experienced New Jersey alimony attorneys who can help you during these complicated matters.

How Is Spousal Support Determined?

There is a common misconception that anyone who earns less than their spouse will automatically receive alimony. However, this is far from the truth. If one spouse wants to receive alimony, they must request it when filing for divorce or responding to the petition. Before granting spousal support, the court will consider some of the following factors:

• The income of each party earns
• The earning capacity of each party
• The domestic contributions of each party
• If one spouse sacrificed their career, how much education they would need to return to work
• The current state of the job market
• The age and health of each spouse

It’s also important to note that the aforementioned factors also determine how much payments will be and how long they will last.

Do I Need to Keep Paying Alimony if I’m Laid Off?

If you are terminated from your job, it’s important to understand you cannot simply stop making payments. If you want to seek relief you must petition the court to modify your alimony agreement. It’s imperative to understand that you cannot file this petition until 90 days have passed between losing your job and filing the petition.

When you file the motion with the court, the judge will consider several factors before granting or denying the motion. First, they will look at why you were terminated from your job. For example, they may be more understanding if you were laid off due to budget cuts as opposed to being fired for sexual harassment. This is because the courts believe your spouse isn’t responsible for your poor conduct.

In addition, you’ll find that the court will also examine if you’ve made honest attempts to seek new employment in the 90 days from when you lost your job. If you made an honest and good-faith attempt to find another job, the court will be more sympathetic to your circumstances.

As you can see, these matters can be incredibly complicated, so it’s in your best interest to seek the guidance of an experienced divorce attorney to help you through these matters. If you need assistance, the team at Haber Silver Russoniello & Dunn is ready to help you fight for your best interest. Contact us today to learn how we can help you.