For many, alimony is an incredibly contentious matter during divorce. However, it can become even more intense if you are fired and must continue paying alimony to your spouse, as it can create intense financial strain. It’s critical to understand, however, that you cannot simply stop making payments. If you want to know what happens to alimony when you’re laid off, the following blog explores what you should know about these matters. You’ll also discover why connecting with a Monroe Louisiana alimony lawyer is critical if you wish to modify your spousal support agreement following your termination from your job.
How Is Alimony Determined in Louisiana?
There are many misconceptions regarding alimony, including the fact that many assume that the lower-earning spouse will automatically receive alimony. However, this is far from the truth, as the recipient’s spouse must request alimony while filing. In addition, you’ll discover that simply requesting alimony does not result in an automatic award.
Factors Louisiana Courts Consider When Awarding Alimony
If one spouse requests alimony, the course will examine several elements, including but not limited to:
- The income of each spouse
- The earning capacity of each spouse
- The health and age of each party
- Whether or not one spouse put their career on hold to support the other
- The standard of living established during the marriage
- If the recipient spouse requires education to get a new job
- The state of the job market
If alimony is awarded, the courts will consider these factors when determining the duration of payments and how much the recipient spouse will receive each month.
You should also understand that Louisiana is one of the few states that will consider fault grounds. If adultery or domestic abuse is a factor, you will be unable to receive alimony and likely will be ordered to pay if you are a higher earner.
What Happens to Alimony When I’m Laid Off?
If you are laid off from your job, it can cause serious financial strain. However, when you pay alimony, it can become overwhelming. As such, it’s important to understand what happens to payments when you are laid off. It is critical to understand that you cannot simply stop paying alimony if you are terminated or laid off. You must continue to make payments until the court changes the order.
Louisiana Requires a “Material Change in Circumstances”
You cannot stop making payments if you lose your job unless you are granted a modification from the court. The court will examine whether or not a substantial change has occurred that prevents you from adhering to the court order in place. It’s important to understand that while job loss generally constitutes a significant change, it is not guaranteed.
You Must Wait 90 Days Before Requesting a Modification
In addition, you cannot petition the court for a modification until 90 days have passed since you were laid off. This is because the court wants evidence that a long-term change has occurred before modifying a court order.
Factors the Court Will Consider When You Request a Modification
When you file the petition, the court will examine the circumstances surrounding your termination before modifying the current court order. As such, they will take the following factors into consideration:
- Why you were laid off (violation of company policy vs. budget cuts)
- If you’ve made efforts to seek employment during the 90-day period
- Whether or not you violated workplace policy
- Changes in your spouse’s financial situation
- How long it may take for you to regain employment
- Age, health, and financial needs of both parties
- Whether the reduction of your income is temporary or long-term
- Any other factors the court deems relevant
What Should I Do Immediately After Losing My Job?
Losing your job can be an incredibly upsetting experience. However, if you currently pay alimony to your spouse, understanding the steps you should take during these matters is critical.
Do Not Stop Paying Alimony
Stopping alimony payments before receiving a court modification can have serious consequences, like:
- Interest on unpaid amounts
- Court sanctions
- Contempt of court charges
- Wage garnishment
Document Your Layoff
When you are laid off, it’s important to retain all documentation you receive in relation to your termination. This includes letters from HR, emails about downsizing or restructuring, and any evidence that shows that the loss of income is not your fault.
Begin Searching for New Employment Immediately
Generally, if you wish to seek a modification of your alimony payments, making an effort to seek new employment is essential. As such, you should gather emails showing that you have submitted applications and evidence of interviews, such as meeting dates and times.
Contact a Monroe Alimony Attorney Right Away
Navigating the alimony process after job loss can be incredibly difficult, which is why it’s imperative to connect with an experienced attorney. Missed payments or filing the petition for modification incorrectly can impact this process, so ensuring you have an experienced attorney to represent you is critical.
Can Alimony Ever Be Terminated Due to Job Loss?
In some circumstances, the courts may agree to terminate your obligation to pay alimony in the event of job loss. However, this is only possible if the following circumstances are true:
- The paying spouse can prove a long-term inability to pay, AND
- The recipient spouse no longer needs support, OR
- The recipient spouse remarries or begins cohabitating
When you need assistance with the circumstances surrounding your divorce, the team at Breithaupt, DuBos, & Wolleson, LLC is ready to help. We understand how complex these matters can be, which is why our firm will do everything possible to help you through these times. Connect with us today to discuss your legal needs to learn how we can fight for you.