Navigating life after divorce can be difficult, especially when your financial situation changes unexpectedly. If you are responsible for paying alimony, losing your job can create immediate stress for both you and your former spouse. Understanding your legal options is essential. Continue reading to discover whether you can pause spousal support when you lose your job, and speak with a knowledgeable Union County alimony attorney today.
What is Spousal Support?
Spousal support, often referred to as alimony, is a court-ordered payment from one spouse to the other after a divorce or separation. In New Jersey, its main purpose is to ensure the financially dependent spouse can maintain a lifestyle reasonably comparable to the one enjoyed during the marriage, or to achieve financial independence.
It is not intended as a penalty to the paying spouse, but rather as a means of providing necessary financial assistance, particularly when one spouse made career sacrifices or dedicated time to raising a family during the marriage. Spousal support helps bridge the gap and allows both parties to move forward with economic stability. The type, duration, and amount of support are determined by various factors.
Can I Pause Spousal Support if I Lose My Job in NJ?
The short answer is yes, you can petition the court to modify or temporarily suspend spousal support payments in New Jersey if you lose your job. However, this is not an automatic right, and you cannot simply stop making payments on your own. New Jersey law requires a formal motion to the court to demonstrate a change in circumstances that warrants a modification or pause.
NJ courts recognize that losing your job, especially involuntarily, can result in a significant loss of income that directly impacts your ability to pay. It is important to understand that payments do not pause automatically when you lose your job, and you cannot decide to stop paying without permission from the court.
How Can I Request a Suspension of Alimony?
If you lost your job, it’s important that you follow the required steps to modify or temporarily suspend your obligation. You must be laid off for at least 90 days before filing a motion with the court to modify your spousal support.
File the petition and provide clear evidence of the job loss, including the date of termination, the reason, and documentation of your efforts to find new employment, like job applications, unemployment benefits records, and more. You must show that the job loss was not your fault and that you did not quit or were not fired for cause.
The court’s decision regarding whether to pause your obligation will be based on your temporary inability to pay and the dependent spouse’s financial need. You may be awarded a temporary suspension of payments, a reduction in the payment amount, or a modification order that remains in place until you secure new employment. The specifics of the suspension or reduction will depend heavily on the details of your case and your efforts to re-enter the workforce.
