Will alimony end if I lose my job in New York?
When a couple decides to dissolve their union, one of the most crucial considerations is how each spouse will maintain a similar standard of living after the separation. In some cases, especially those where one spouse has been the primary breadwinner while the other has been responsible for taking care of the household and children, the higher-earning spouse is usually ordered by the court to pay alimony for a set period. However, when there is a significant change in circumstances, the payor can request a modification to an existing court order to terminate or reduce their alimony payments. That said, individuals often wonder whether their alimony obligation will end if they lose their jobs as they no longer have a steady income. Please continue reading to learn how alimony is impacted by the loss of a job and how a determined Nassau County Alimony Attorney can help you today.
Can I stop paying alimony if I lose my job in New York?
If you have lost your job and are responsible for making alimony payments to your ex-spouse, it’s imperative to understand that these payments will not cease automatically due to an inability to afford them. To terminate or reduce alimony, you must request to modify your existing court order. As the payor, you will have to wait at least 90 days after losing your income to request an alimony amendment, as you must demonstrate that there has been a substantial change in your circumstances that warrants altering your existing court order. Generally, the loss of employment is sufficient evidence of a substantial change in circumstances. However, the court will need proof that unemployment was a last resort and that you were not intentionally attempting to get out of providing this type of financial support to your ex-spouse. In most cases, the court will consider the following factors when determining whether to grant the modification:
- Why was the income lost or reduced?
- What efforts have been made to find new employment?
- Has there been a good-faith effort to find a new job?
- Are you healthy and able to find a steady job?
- Has your ex’s financial situation considerably changed since the initial alimony order?
- Any other relevant factors
Ultimately, the court will look at various factors to determine whether an adjustment of an alimony order is appropriate.
If you have lost your job and cannot find a comparably paying one, it’s in your best interest to contact an adept Nassau County alimony attorney who can help you request a modification to your existing alimony order. At The Pollack Law Firm, P.C., we are prepared to help you prove that adjusting your alimony payments is fair for both parties and appropriate.