Alimony payments are sometimes necessary after a New Jersey divorce. When there is a discrepancy in the income of the spouses, the courts can order the higher-earning spouse to make regular payments to the lower-earning spouse to help them rebuild.
The amount of alimony that people pay and the duration of the alimony order both depend on the unique circumstances of the spouses. Sometimes, the income of the paying spouse changes while they are still subject to the alimony order.
Job loss can result in a sudden cessation of income and major challenges covering financial obligations. Can job loss absolve a spouse of their responsibility to pay alimony?
Job loss does not terminate alimony
If becoming unemployed ended alimony obligations, some people might intentionally leave their jobs or move to lower-paid positions out of spite. Intentional underemployment or unemployment represents an attempt to game the system. People who feel frustrated about their alimony obligations might make personal financial sacrifices in an attempt to avoid financial responsibility and punish a former spouse.
While job loss does not eliminate alimony obligations, it can constitute a significant change in circumstances. The party paying alimony may be able to request a modification to reduce the amount of payments until they secure a new job or improve their household income.
However, the courts are unlikely to end alimony orders because of unemployment. During unemployment, the paying spouse could accrue a significant amount in arrears and might be at risk of enforcement actions if they do not catch up on their missed payments.
Learning more about the laws that govern alimony after a New Jersey divorce can help people more effectively assert themselves. Getting legal guidance is a good first step.