After years of dedicated work, your spouse decides to “downsize” to a significantly lower-paying position just as divorce proceedings begin. Is it possible for a spouse to intentionally impoverish themselves to avoid financial responsibilities during a divorce?
The short answer is yes, they can try. However, the courts have mechanisms in place to address such tactics.
A helping hand for spouses in need
Alimony, or spousal support, is intended to enable the spouse with lower income to continue enjoying a similar quality of life after a divorce. The court takes into account multiple factors, such as the income, earning potential and financial requirements of both spouses, when deciding on alimony.
There are protective measures in place
Courts in New Jersey have the authority to impute income to a spouse who voluntarily becomes unemployed or underemployed. This means the court can calculate alimony based on what your ex-spouse could potentially earn, not just their current income.
Imputing income is not automatic. You will need to provide evidence that your ex-spouse is intentionally avoiding work or taking a lower-paying job to reduce alimony payments. This is a complex process requiring thorough documentation and legal guidance.
Modification is possible
In some cases, your ex-spouse’s job loss may be legitimate due to factors beyond their control, such as company downsizing or health issues. In these situations, you may need to seek a modification of the alimony agreement to reflect the change in circumstances.
When doing so, it is best to have a skilled legal professional to advocate for your rights. Your attorney can help ensure fair treatment during the process and protect your financial future.