Being laid off is never easy and can cause significant financial stress. This is especially true if you are responsible for paying spousal support. Many New Yorkers who lose their job may wonder whether they can pause, reduce, or modify alimony payments, and what steps are necessary to protect their legal rights and financial future. If you relate to this, it is imperative that you consult with an experienced Suffolk County divorce modification lawyer for skilled legal advice and representation. Continue reading below for more information.
What is Alimony?
Alimony, also known as spousal support, refers to financial payments made by one spouse to the other after a divorce or separation. There are different types of alimony that can be awarded to serve different purposes, including:
- Temporary maintenance is awarded during the divorce process to ensure both parties can afford legal counsel and continue meeting their financial needs
- Durational alimony that lasts for a set period of time to help the receiving spouse become self-sufficient
- Non-durational alimony, which can be awarded indefinitely to a spouse who will likely never become completely financially independent
- Rehabilitative alimony to fund a spouse while they pursue education or job training
- Reimbursement alimony can be awarded as repayment for sacrifices made during the marriage to benefit the other spouse’s professional or educational advancement
Spousal support serves a variety of purposes but is generally awarded to ensure that a lower-earning spouse is not financially devastated by the termination of the marriage.
Can I Pause Alimony Payments if I Lose My Job in NY?
Yes, you may be able to pause alimony payments if you lose your job. However, it is not automatic, and you cannot decide to cease paying alimony on your own. A New York court must approve the decision.
In order to modify spousal support, there must be evidence of a substantial change in circumstances that warrants the adjustment. Job loss may meet this requirement under certain circumstances.
Temporary unemployment generally does not qualify as significant enough to pause or reduce alimony, as the issue is not long-lasting. However, if you have made efforts to secure new employment for several months without success, it could warrant a modification. You can submit a petition to the court requesting that they lower or pause your obligation to pay until you can find a new job and recover financially.
What if I Quit?
For a job loss to qualify as a significant change in circumstances, it must be involuntary. If you were laid off or your company closed, the circumstances were out of your control. However, if you quit or acted in a way to purposefully get yourself fired, the court will not approve a modification.
Judges will review employment records, performance reports, termination documents, and more to determine whether you made reasonable efforts to stay employed. If the job loss was voluntary, support will not be reduced or paused, and you could face penalties or arrears.
Reach out to a skilled attorney for more information and legal advice today.
