Divorcing spouses have plenty to fight about during divorce proceedings. Often, disputes relate primarily to economic issues. People disagree over how to divide their property and financial obligations.
In cases where one spouse earns far more than the other or has significantly more property in their name, the spouse with fewer resources may request alimony. Also known as spousal support, alimony involves a court order that requires one spouse to provide a specific amount of financial support for a set amount of time.
When circumstances change, a support order may need to evolve as well. If the paying spouse loses their job, can they ask the courts to terminate their alimony obligations?
Job loss does not end financial responsibility
An individual ordered to make alimony payments might quit their job or change their behavior to get fired on purpose. Voluntary unemployment or underemployment are common ways that people game the system in an attempt to avoid their financial responsibilities.
A judge hearing an alimony modification request may consider the underlying cause of the job loss. They may be more likely to give the paying spouse the benefit of the doubt in scenarios where a company closes or health issues led to a job loss.
However, even if there is a reasonable explanation for a loss of employment or a reduction in income, judges are unlikely to terminate an alimony order due to unemployment. Most of the time, a judge may agree to temporarily reduce the ordered amount of alimony to address short-term financial hardship. They may not even agree to that concession, depending on the circumstances.
Learning more about how the courts handle initial alimony requests and modification petitions can be beneficial for paying and recipient spouses. Seeking legal guidance can be a helpful way to get started.
