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Can I Stop Pay Alimony if I Lose My Job in NJ?
For many, alimony is one of the most hotly contested divorce matters. If you have been ordered to pay alimony, it can create a significant financial burden if you have recently been laid off. Please continue reading to learn how losing your job can impact your support obligation in New Jersey and why connecting with a determined Ocean County Post-Judgement Modification Attorney is in your best interest.
How Are Alimony Payments Determined in NJ?
Alimony, also known as spousal support or maintenance, is a court-ordered payment that one spouse makes to the other after a divorce or separation. This type of financial support is intended to help the lower-earning spouse maintain a reasonable standard of living. When deciding on alimony, the court will consider whether one party can demonstrate the need for alimony and whether the other can demonstrate their ability to pay. The court will also consider the following factors when deciding the type, duration, and amount of support:
- The age and health of each party
- The length of the marriage
- Each spouse’s income and earning capacity
- Each spouse’s employability
- The marital lifestyle
- Each spouse’s contributions to the marriage (economic and non-economic)
- Whether either spouse sacrificed economic opportunities
- Any other relevant factors
Do I Need to Keep Paying Alimony if I Lose My Job?
In the unfortunate event that you have been laid off, it’s important to understand that you cannot simply stop making alimony payments. An alimony order is a legally binding agreement. This means it’s an official court order that must be complied with. Failure to pay alimony is considered contempt of court, which will result in significant consequences. However, New Jersey courts recognize that life frequently changes for both spouses after divorce, and sometimes a substantial change can make it impossible for one spouse to abide by an initial alimony agreement. As such, if you have a legitimate reason for being unable to fulfill your support obligation, you should enlist the help of an experienced Ocean County Alimony Attorney who can help you file a petition to modify your alimony order.
To qualify for a modification to your initial alimony agreement, you must prove that there has been a significant and continuing change in your financial circumstances. If you have lost your job, rendering you unable to fulfill your support obligation, you must demonstrate that unemployment was your last resort and that you have actively sought comparable work without success. Additionally, you must prove that you did not intentionally lose your job.
If you have lost your job and can no longer afford to abide by your alimony agreement, please don’t hesitate to contact an experienced attorney from the Law Office of Sarina Gianna, LLC, who can assess your situation, guide you through your options, and zealously represent your interests. Connect with our firm today to discuss what we can do for you.
