Alimony and Job Loss: What to Do if You Can’t Pay Your Spouse 

Job loss is often an inevitable part of life, whether due to layoffs, company downsizing, or other reasons. When you lose your job and are unable to meet your financial obligations, including court-ordered alimony payments, it is easy to get stressed. You might wonder about the consequences of job loss if you are paying alimony. If you’re worried about falling behind on alimony due to job loss, this blog will explain your legal options in Massachusetts. 

What Alimony Is And How Alimony Is Determined

Alimony, also known as spousal support, is a court-ordered payment made to a spouse or ex-spouse during or after a divorce. The goal is to help maintain the standard of living or financial stability that existed during the marriage. While either spouse can receive alimony, it’s typically intended to support the lower-earning or non-earning partner.

In Massachusetts, there are four types of alimony:

• General-Term Alimony: Regular payments to a financially dependent ex-spouse, usually based on the marriage length.
• Reimbursement Alimony: One-time or periodic payments to repay a spouse for financial support provided during the marriage, such as funding education or training.
• Transitional Alimony: One-time or periodic payments to help the recipient adjust to a new lifestyle or location after divorce.
• Rehabilitative Alimony: Temporary support aimed at helping the recipient become self-sufficient.

Alimony is calculated based on various factors, including the length of the marriage, the income and needs of each spouse, and the recipient’s ability to support themselves. 

Does Alimony End If I Lose My Job?

In Massachusetts, general term alimony is not always indefinite. The duration of alimony depends on the length of the marriage: up to 5 years, alimony lasts for up to 50% of the marriage length; 5-10 years, 60%; 10-15 years, 70%; and 15-20 years, 80%. Only marriages over 20 years can qualify for indefinite alimony. Alimony can also end if the recipient remarries, cohabitates for three months, or the payor reaches full retirement age. 

If you lose your job, alimony does not automatically end due to unemployment. In Massachusetts, you are still legally obligated to make payments unless the court approves a modification. Failing to do so can result in serious legal consequences such as wage garnishment, contempt of court, or property liens. However, there are options.

Review Your Alimony Agreement

The first thing you can do is carefully review your alimony agreement. Some alimony agreements include specific clauses that address changes in financial circumstances, including job loss. These clauses may allow for a temporary reduction or suspension of payments while you search for new employment.

Communicate with your Ex-Spouse

Another option is to talk to your ex. Give them a heads up about the job loss, and let them know that this will affect your ability to pay the full amount of alimony. Perhaps, your ex will agree to a modification of alimony consensually. If you and your ex-spouse agree on a modification, you may be eligible for a Rule 412 modification, an administrative process that typically does not require a court appearance. 

Petition the Court for a Modification

If your ex does not agree to the modification, you can petition the court for a change. Massachusetts law permits modifications to judgments when there is a substantial and material change in circumstances. A significant change in either party’s financial situation can justify modifying spousal support. If the paying spouse receives a substantial income increase, such as a promotion, new job, or profitable investment, the court may adjust the support amount accordingly. Conversely, job loss, salary reduction, or financial hardship may warrant a decrease in benefits. Similarly, if the receiving spouse becomes financially independent or secures a higher-paying job, the court may reduce or terminate the support order. 

Besides getting fired, you may have lost your job due to a health reason. An elderly spouse may lack the physical ability to work or support themselves. Similarly, a spouse with a chronic illness or long-term disability may be unable to work or face substantial medical expenses. The court will evaluate the severity of the health condition, its impact on earning capacity, and any extraordinary medical costs when considering a support modification. If unexpected health issues arise, such as a sudden illness or accident, the court may adjust support to address the increased financial burden.

Finally, you may have decided to retire. Alimony payments generally end once the payor reaches “full retirement age,” which is defined by Social Security as between 66 and 67 years old. If the payor retires before this age, however, it is possible for the payee to still receive payments.

To reduce or terminate alimony, you must file a request with the court and provide evidence of your changed financial situation. This may include proof of job loss, medical records, or documentation of a pay reduction. 

To request a change in alimony, the requesting party must file a “Complaint for Modification” in the county where the original judgment was issued and properly serve it on the other party. They’ll need to provide evidence of the changed circumstances, such as financial records, medical documents, or proof of a change in employment.

In deciding whether to modify, the court will consider a variety of factors:

• Any substantial changes in the dependent spouse’s financial situation
• Efforts to find comparable work
• The health and earning capacity of both parties
• The reason for job loss or pay reduction
• Whether a temporary or permanent adjustment is appropriate

If your income has significantly decreased and you need to modify or stop alimony payments, you must wait 90 days before seeking relief from the court. During this period, you must continue making payments, as the court will assess whether a modification is justified based on various factors.

Contact an Experienced Alimony Attorney

If you’ve lost your job and are finding it difficult to keep up with alimony payments, it’s essential to consult an experienced alimony attorney. They can assess your financial situation and explain your legal options, including the possibility of requesting a modification based on a substantial change in circumstances. An attorney can help you navigate the legal process, including filing a Complaint for Modification in Massachusetts. They will also assist in gathering crucial evidence to support your claim. Taking prompt action with the guidance of a skilled attorney can significantly impact the outcome of your modification request.