Alimony can be a hotly contested divorce matter. This court-ordered payment is intended to help lower-earning spouses maintain the lifestyle they have become accustomed to during the marriage after the divorce. However, when the paying party is laid off, it can be difficult for them to fulfill their support obligation. Fortunately, New York courts recognize that such events could happen. As such, alimony agreements can be modified under certain circumstances. Please continue reading to learn whether you can simply stop making alimony payments after a layoff and why connecting with an experienced Nassau County Alimony Lawyer is in your best interest.
Can I Stop Paying Alimony if I Lose My Job?
Alimony, also known as spousal support, is a legal obligation to provide financial support to a dependent spouse after a separation or divorce. In New York, alimony is designed to mitigate the financial discrepancy between spouses, enabling them to maintain a reasonable standard of living post-divorce.
Contrary to popular belief, if you lose your job, you cannot simply stop making your alimony payments. Essentially, being laid off doesn’t automatically release you from your support obligation, as alimony orders are official court orders that must be complied with. It’s crucial to continue making alimony payments unless you have received permission from the court to do otherwise. Failure to comply with your alimony agreement can result in serious legal and financial penalties. Therefore, even if you can’t pay the full amount of alimony, you should try to pay as much as possible and inform your former spouse of your changed financial position.
Can Spousal Support Be Modified?
In New York, you can petition the court to modify alimony after a layoff if you can demonstrate a substantial change in your financial circumstances. However, the court will examine several factors including the cause of the change in employment status, whether the job loss was within your control, and whether the job loss is temporary or permanent. You will need to demonstrate that unemployment was the last resort and that you have actively sought comparable work without success for the court to grant a reduction or termination of alimony.
In the unfortunate event that you have lost your job, hindering your ability to make your alimony payments, it’s in your best interest to contact a dedicated Nassau County alimony lawyer from the Law Offices of Eyal Talassazan, P.C. Our legal team is prepared to help protect your rights and interests. Connect with our firm today so we can get started working on your case and assist you in achieving a favorable outcome.
