no-script-img
Will Alimony be Reduced After a Job Change?

Will Alimony be Reduced After a Job Change?

In our previous blog, we discussed some of the most important and lesser-known aspects of alimony. From how and when it’s awarded to the way it is taxed, how long it lasts, and what options for resolutions spouses may have, alimony can be one of the most significant parts of a divorce case. However, alimony also has post-divorce implications, especially when it comes to modifications.

In New Jersey, spouses have the ability to seek modifications of various divorce and family law orders, including orders regarding child custody, visiting and parenting time, and – in some cases – alimony. These are generally the most common issues subject to review and modification after a divorce, as changing circumstances can impact one’s ability to fulfil obligations, or one’s need for support.

At Moskowitz Law Group, LLC, our family law attorneys work with many clients throughout New Jersey and New York with various legal concerns after a finalized divorce. This includes concerns created by employment changes. Below, we discuss a few key points about job changes, alimony, and New Jersey laws regarding court order modifications.

  • Significant change in circumstances – Former spouses have the ability to agree to any modifications they wish, but because nobody is usually itching to change support payments they receive, determining whether a modification is in order usually falls into the hands of the court. Generally, courts will allow for review and potential modifications of divorce orders, including awards for alimony, if there has been a substantial change in circumstances since the order was first established, no matter if that order was consented to as part of a settlement, or handed down by the court at trial.
  • Voluntary employment changes – Divorce orders are binding legal obligations, and the standard of “significant change” is used to allow for modifications only when they are deemed truly necessary. This being the case, a voluntary job change, such as voluntary under-employment, won’t typically be viewed as a change in circumstance significant enough to warrant a modification. This is a tough reality for parties who may choose a different, more rewarding or enjoyable career in exchange for less income, and courts typically hold to the idea that obligations were set and known prior to voluntary changes.
  • Job loss and “good faith”– Job loss is a common reason why people seek alimony modifications after a divorce, but job loss alone doesn’t guarantee an automatic reduction or termination of alimony. In fact, parties seeking modifications of alimony after job loss have the burden of proving they made “good faith” efforts to find comparable employment. If a new job is found that pays less, those parties will also have to demonstrate how, despite know fault of their own and given their education, work history, and employability, the current job was the best they could find if they have any chance of obtaining a modification.
  • Time can be a factor – Time can also be an important factor when it comes to job changes and alimony modifications, as courts want to see that good faith efforts were made to find employment that would allow a spouse to meet their alimony obligations as ordered in their divorce agreement. A person who immediately petitions for a modification after little attempt to find a similar line of work and pay is much less likely to obtain one than a person who made many efforts to find comparable employment over a longer period of time. Time adds to the evidence of good faith efforts petitioners must provide, but it isn’t always the end-all be-all if other circumstances exist.

Discuss a Post-Divorce or Family Law Modification by Calling Our Team

Moskowitz Law Group, LLC is a Bergen County law firm devoted to divorce and family law matters. Licensed in New Jersey and New York, our attorneys have leveraged more than 50 years of combined experience to help thousands of clients across both states navigate their unique legal journeys. From divorce proceedings and stand-alone family law issues to modifications of post-divorce and other court orders, our legal team can provide the insight, resources, and skilled representation clients require when protecting their rights and seeking the best possible resolutions.

To discuss alimony, modifications, or any other family law matter, call (201) 241-4189 or contact us online to request your free consultation.

Contact Our Attorneys Today

Start With A Free Case Evaluation

    [utm_campaign_i][/utm_campaign_i]

    [utm_source_i][/utm_source_i]

    [utm_medium_i][/utm_medium_i]

    [utm_term_i][/utm_term_i]

    [utm_content_i][/utm_content_i]

    [gclid_i][/gclid_i]

    What to Expect in a Domestic Violence Court Hearing 27Sep
    What to Expect in a Domestic Violence Court Hearing Posted by Moskowitz Law Group, LLC
    Navigating Discipline Disagreements 26Sep
    Navigating Discipline Disagreements Posted by Moskowitz Law Group, LLC
    How to Prepare Financially for a Child Support Modification Hearing in New Jersey 25Sep
    How to Prepare Financially for a Child Support Modification Hearing in New Jersey Posted by Moskowitz Law Group, LLC
    Alternatives to Litigation for Modifying Child Support in New Jersey 24Sep
    Alternatives to Litigation for Modifying Child Support in New Jersey Posted by Moskowitz Law Group, LLC

    No aspect of this advertisement has been approved by the New Jersey Supreme Court. The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice or tax advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. Please do not send any confidential information to us until such time an attorney-client relationship has been established. Results may vary depending on your particular facts and legal circumstances. Consultations are offered for those who retain the firm.

    ©Copyright 2024Moskowitz Law Group, LLC. All Rights Reserved.

    Contact Us
    [contact-form-7 404 "Not Found"]