Requesting a Modification of Alimony Due to Job Loss in NJ
When and How a Payor Can Request a Modification of Spousal Support After Losing a Job in New Jersey
When a couple gets divorced, one of the factors that comes into play is how each spouse will maintain a comparable standard of living after the split. In some cases, particularly those in which one spouse has been the primary breadwinner or a spouse has stayed at home to tend household affairs or raise children, the spouse with a higher salary is required to pay spousal support for a period of time determined by the Superior Court, Family Part. Spousal support payments, called alimony, provide financial stability for an ex-spouse while they get back on their feet in educational and professional endeavors. While alimony legally obligates the paying spouse, called the obligor, to financially support their ex for a period of time, circumstances can arise that make that support difficult or impossible to maintain. One example is when the obligor loses their job. In some cases, the obligor can ask the court to modify spousal support to reflect the changed circumstances of both parties. Read on to learn more about modifying alimony in New Jersey, including the conditions and procedures that apply when a payor seeks to modify spousal support after losing their job.
How to Manage Alimony Payments After the Payor Loses Employment in NJ
In New Jersey, how long alimony lasts depends on the type of alimony awarded and the length of the marriage. For marriages of less than 20 years, the total duration of limited duration alimony generally cannot exceed the length of the marriage, except in exceptional circumstances. Whatever the duration, it may become difficult for the obligor to keep up with payments if their financial circumstances change, particularly if they lose their job and cannot find comparably paying work.
An obligor must continue making alimony payments even after losing their job. Payments do not stop or change automatically; only a court order can modify them. The court will weigh a number of factors to determine whether an adjustment is appropriate.
Timeframes and Conditions if a Payor Loses Their Job
Since the 2014 amendments to New Jersey’s alimony statute, N.J.S.A. 2A:34-23(k) addresses what happens when a non-self-employed payor, such as a W-2 employee, seeks to reduce alimony because of an involuntary loss of employment. Under that provision, an application to modify alimony on that basis cannot be filed until the payor has been unemployed, or has been unable to return to or obtain employment at prior income levels, for 90 days.
The 90-day period is a threshold for filing, not a guarantee of relief. The length of unemployment is not the only factor the court considers, and the application is decided based on all of the statutory factors. The court also has discretion to make any relief granted retroactive to the date of the job loss or reduction in income. Self-employed payors are evaluated under different considerations, and orders or agreements entered before the 2014 amendments may be treated differently, so it is important to review the terms of your specific order with an attorney.
To gain the court’s consideration, the payor must show that they have made a good faith effort to find work at a professional level and pay grade comparable to their previous employment. The court also takes additional factors into account when deciding whether to grant a modification of alimony.
| Question | Short Answer |
|---|---|
| Does alimony stop automatically when I lose my job? | No. Payments continue until a court modifies the order. |
| When can a non-self-employed payor file to modify based on job loss? | After 90 days of unemployment, or of being unable to return to or obtain employment at prior income levels. |
| Is 90 days of unemployment enough on its own? | No. The court decides based on all of the statutory factors, not just the length of unemployment. |
| Can a modification be retroactive? | Yes. The court has discretion to make relief retroactive to the date of the job loss or income reduction. |
| Does the reason for the job loss matter? | Yes. A job loss caused by the payor’s own fault is much less likely to support a modification. |
Factors Considered by the Court to Accept a Modification
When reviewing a request to modify alimony after a job loss, the court considers factors such as:
| Factor | What the Court Looks At |
|---|---|
| Reason for the job loss | Why the payor lost their job or received a pay reduction, and whether it was involuntary. |
| Job search efforts | Whether the payor has actively and consistently looked for comparable work, either at a similar pay grade or at a reduced pay level. |
| Severance and other resources | Any severance pay or other financial changes since the original order. |
| The recipient’s circumstances | The financial and professional circumstances of the supported spouse since the divorce. |
| Health and ability to work | The health of both parties and their ability to work. |
| Temporary adjustment | Whether a temporary adjustment of alimony is appropriate while the payor continues to actively search for work. |
| Overall fairness | Any other conditions that determine whether an adjustment is fair to both parties. |
Is the Reason for the Job Loss Relevant in Family Court?
Yes. If an obligor lost their job due to irresponsibility or other conduct that constitutes their own fault, the court is much less likely to grant a modification of alimony.
Insights From Previous Cases
Kuron v. Hamilton
In Kuron v. Hamilton, the court addressed the complexity of alimony arrangements when job loss or other financial difficulties arise. The Appellate Division upheld the lower court’s ruling that multiple factors must be considered when deciding on the enforcement and modification of alimony, because these matters are often more complex than they appear at first glance.
Mills v. Mills
Mills v. Mills shows what can happen when a payor finds a new job at a lower salary. The Superior Court, Family Part, considered whether it was reasonable to adjust an obligor’s alimony after they accepted a lower-paying position. Given market conditions and other related factors, as well as evidence of the obligor’s active efforts to secure a well-paying job, the court found that adjusting alimony to reflect the reduced salary was appropriate. The court applied a two-part analysis:
- Was the reduced salary reasonable given the circumstances?
- If so, what change to alimony would be fair to both parties?
Trust Our Experienced Divorce Lawyers to Handle Modification of Alimony Payments in Monmouth and Ocean County, NJ
A Family Part judge’s review of an alimony modification request is somewhat subjective, which is why you need an experienced family law attorney at The Bronzino Law Firm on your side to help you build the strongest argument for your case. We have over a decade of experience assisting clients with changes in spousal support based on job loss, disability, income changes, cohabitation, and many other reasons in Manasquan, Wall, Eatontown, Tinton Falls, Long Branch, Sea Bright, Bay Head, and other Monmouth and Ocean County communities. Contact us today at (732) 812-3102 or online for a free consultation to discuss your case and learn how we can help with your alimony modification request.
