Many families operate with a system in which one spouse stays home to maintain the house or raise the children while the other spouse works to pay for their living expenses. While this may work for the duration of the marriage, it can create a significant gap in the earning capacity and financial situations of each party in a divorce. Spousal support counteracts this discrepancy. Many paying spouses assume that they can stop paying alimony to their ex in the event that they lose their job. While changing circumstances can impact alimony obligations, this is not always true. Reach out to an Oakland County alimony lawyer to discuss your options after losing your job and read on for more information.
What is Alimony?
Alimony is money that one spouse pays to the other after getting separated or divorced. The payments are typically awarded to the lower-earning spouse in the marriage to ensure that the end of the relationship does not have a significantly detrimental effect on their financial situation. During a separation or divorce an alimony order will be drafted outlining details of the agreement including:
- Which spouse will pay
- How much their obligation is
- The frequency of payments
- The duration of payments
The above factors will vary depending on the length of the marriage and the details of the relationship and divorce.
If I Lose My Job Can I Stop Paying Alimony?
You cannot stop alimony payments without permission for any reason without risking legal consequences. If you lose your job, you are expected to continue making your payments on time. Typically, getting fired or laid off is a temporary thing and most people find new comparable employment within a few months. A court will not generally terminate the alimony obligation because of losing your job. However, you may be able to petition the court for a modification.
What is a Modification?
If your unemployment lasts a significant amount of time or your financial situation is being seriously impacted due to the alimony obligation and loss of income, you may be able to petition the court for a modification of your obligation.
When a court grants a modification your payments can be reduced, increased, or terminated. If you can establish evidence that you were not intentionally let go, that you have been actively seeking work since your termination, that you have been unsuccessful in your job search, and that your financial situation is suffering as a result of your alimony responsibility, a court may grant a modification. They could reduce the amount indefinitely or until you are hired at a job with comparable pay.
How Can I Get a Modification if I Lose My Job?
To be granted a modification you must petition the court. You can do so with the help of your family law attorney. Gather evidence regarding your termination from your job, proof that you have been applying and searching for a new role, evidence that you have not been able to secure a job offer, and bank or other statements showcasing your financial situation. The court will evaluate all of the evidence presented before making an informed decision. Speak with an experienced lawyer to learn more about your rights and responsibilities.