If you have been fired or laid off, it’s important that you prioritize your financial obligations, such as your mortgage, car loan, or spousal support. After losing your job, you may wonder whether you can stop making alimony payments. It is crucial that you understand your legal rights and responsibilities during this time. Read on and contact a skilled Bergen County divorce modification lawyer for more information today.
What is Alimony?
Alimony can also be called spousal support and refers to financial support paid to a former spouse after a divorce. New Jersey courts award alimony based on one spouse’s needs and the other’s ability to pay, ensuring that both parties maintain financial stability after the marriage ends and that one spouse is not significantly disadvantaged by the divorce.
New Jersey recognizes several types of alimony, including:
- Open durational alimony for long-term marriages where a spouse needs indefinite support
- Limited durational alimony for marriages shorter than 20 years, which provides support for a set time to help a spouse become financially independent
- Rehabilitative alimony to provide temporary support to help a spouse gain skills to become self-sufficient, like supporting job training or education
- Reimbursement alimony to repay educational or career support contributions
Alimony orders are created during the divorce process and outline the details of the arrangement, including which spouse is responsible for providing support, the amount, the duration and frequency of payments, and more.
Can I Stop Alimony Payments After Losing My Job in NJ?
No, you cannot simply stop paying alimony after losing your job in New Jersey. Doing so is considered in violation of a court order and can lead to arrears, enforcement actions, fines, and even charges for contempt of court.
With that being said, if you lost your job and can no longer afford to keep up with your spousal support payments, you may be able to petition the court to modify or temporarily suspend the order. New Jersey law allows courts to alter an alimony order if there has been a substantial change in circumstances that warrants a modification. Whether or not your job loss is considered significant enough depends on the specific circumstances.
Will a Court Approve My Request for Relief After Job Loss?
In order for a change in circumstances to warrant a modification of a spousal support order, you must be able to establish that your financial situation has changed significantly. Courts will evaluate whether your job loss was voluntary or involuntary, long-term or temporary, and the needs of both you and your former spouse.
If you quit or were fired for misconduct, the court will likely not approve a reduction or temporary suspension of alimony, as you are responsible for your unemployment. In addition, being out of work for a few weeks is not generally considered serious enough to change the terms of the order.
However, if you were laid off through no fault of your own and have been actively attempting to secure new employment for a sustained period of time with no success, your petition could be approved. The court could modify, reduce, or suspend your payments until you can get back on your feet.
