Can I Modify Alimony if I Lose My Job in New Jersey?
It is important to understand the ins and outs of alimony modifications. If you have lost employment and would like to determine whether or not you are eligible for a change in alimony, it is in your best interest to reach out to our experienced New Jersey divorce attorneys to learn more.
Can alimony modifications be made for loss of employment?
There are various factors that are considered by the court when determining whether or not alimony modifications should be made after the loss of employment. The following factors are considered in New Jersey:
- What was the reason for the loss of employment?
- What has the individual done in the meantime to find a replacement position or alternative means of income?
- Is the individual able to physically and mentally obtain and retain employment?
- Did the individual receive and severance payment from their previous employer?
- Has the individual been out of work for at least 90 days prior to seeking the alimony modification?
It is important to note that a divorce attorney has the capability of presenting these answers on your behalf in a way most favorable to you. This is why it is important to have an experienced divorce attorney on your side. Contact our firm today to get started.
When will my job loss not result in alimony changes?
It is essential to understand that not every circumstance in which one party loses their job will result in an alimony modification. For instance, if you voluntarily leaving a job, your situation will not be considered an “unanticipated change in circumstance,” which is a key legal requirement for any post-divorce modification.
Furthermore, losing a job due to gross negligence or criminal wrongdoing may also hinder an alimony modification. But, there are cases in which the loss of a professional license has resulted in an alimony modification, which can be seen in Kuron v. Hamilton. With that being said, this may not be a strongly enforceable rule.
Ultimately, it is important to remember that rehabilitative alimony can never be modified. If you are paying or receiving rehabilitative alimony, no change in status will ever merit a reduction in what a court has already determined to be owed between both parties, although a loss of employment by the party making the alimony payments can result in an expansion of the time span they are given to repay what they owe.
If you have questions about alimony modifications after a job loss, do not hesitate to reach out to our firm today to discuss the specifics of your case and your options. Our firm is dedicated to ensuring that you and your future are protected.
Contact our Firm
If you need an experienced legal team to guide you through your divorce, contact Townsend, Tomaio & Newmark L.L.C today.