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.
If one spouse requests alimony, the course will examine several details, 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 receipt 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 few states that will consider why the divorce occurs. If adultery 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. You cannot stop making payments if you lose your job unless you are granted a modification from the court. In addition, you cannot petition the court for a modification until 90 days have passed since you were laid off.
When you file the petition, the court will examine the circumstances surrounding your termination, like whether or not you made an effort in those 90 days to find a new job and if you were fired for violating company policy.
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.
