How Does a Job Loss Impact Alimony in Beverly Hills?
When a court issues an order for spousal support or alimony, you must pay support payments until the support terminates or the court issues another order. California alimony law recognizes there may be changes after a final order is entered. Therefore, you can petition the court for an order modifying alimony if you lose your job. The impact job loss has on alimony in Beverly Hills depends on the unique circumstances of your case.
Petitioning the Court for a Modification of Alimony After Job Loss
Judges can modify alimony if the petitioner proves a material change in circumstances prevents them from paying their spousal support obligations. A job loss could reduce your alimony payments, but it isn’t a guarantee. The impact of job loss on alimony depends on the factors involved in the case.
Judges consider several factors to determine whether to modify alimony because the paying spouse lost their job. Factors the court considers include:
- If you are likely to obtain a job that pays similar to what you earned before you lost your job, the judge may order a temporary change pause for alimony until you find another job.
- Whether your job loss was voluntary or intentional. You cannot quit your job to terminate alimony or intentionally lower your income to avoid your spousal support obligation. If so, the court may not grant your request to modify alimony.
- Your other sources of income or resources that you could use to pay alimony. For example, if you have significant investments or rental income, the judge may find you can still make the alimony payments. If the income is lower, the judge could decrease your alimony payments.
Before you request a change in alimony payments, talk with a family and divorce lawyer. Some alimony orders are not modifiable. In those cases, job loss may not affect your alimony payments. You would still need to pay support payments or face contempt of court charges.
What Other Reasons Justify a Modification of Spousal Support in California?
A significant change in circumstances is required to modify alimony payments. Some reasons that might justify a modification of spousal support include:
- The person receiving alimony no longer needs financial support.
- The person paying support retires or becomes disabled.
- The person receiving support remarries or cohabitates with a new partner.
- A misrepresentation of income and/or assets by either person would have impacted the decision for support.
- The person paying alimony is incarcerated.
- The person receiving support has not made a good-faith effort to become self-supporting.
Modifications of alimony are not retroactive. Therefore, if you cannot afford alimony payments, it is best to seek a modification as soon as possible. Failure to pay court-ordered spousal support can result in severe penalties.
How Do Courts Determine the Type and Amount of Alimony Payments?
There are several types of alimony a court may order during a divorce. Temporary alimony is awarded while the divorce is pending. A judge may award permanent alimony, reimbursement alimony, rehabilitative alimony, or lump-sum alimony as part of the final divorce decree.
Alimony is not guaranteed. A judge must find a need for spousal support and the ability to pay support before granting alimony. If a spouse needs financial support to provide for their basic needs, judges consider the following factors to determine the type and amount of alimony:
- The length of the marriage
- The health and age of the spouses
- The standard of living during the marriage
- The needs of both spouses
- The earning capacity and resources of both spouses
- Any history of domestic violence
- Whether a spouse had periods of unemployment because they stayed home to raise children
- The contributions a spouse made to the other spouse’s career
Judges may consider other factors relevant to the case when deciding alimony matters. However, you do not have to let a judge decide whether spousal support terms. You and your spouse can negotiate spousal support for your divorce settlement. If you have a pre-nuptial or post-nuptial agreement, alimony may already be determined.
Get Help With Alimony and Divorce-Related Matters in Beverly Hills, CA
Spousal support can be a complicated issue in a divorce. Our divorce lawyers at Berenji & Associates Divorce Lawyers have extensive experience handling complicated all kinds of family law cases. Call our office for an initial consultation to discuss your situation with a spousal support lawyer.
Contact a California Divorce Lawyer Today
For more information, contact our experienced California divorce lawyers at Berenji & Associates Divorce Lawyers by calling (310) 271-6290 to schedule a consultation.
We serve all through Los Angeles, Beverly Hills, Los Angeles County, and its surrounding areas. Visit any of our offices at:
Berenji & Associates Divorce Lawyers Los Angeles Office
550 S. Hill Street STE 1467
Los Angeles, CA 90013
(213) 277-2586
Berenji & Associates Divorce Lawyers Beverly Hills Office
9465 Wilshire Blvd #333
Beverly Hills, CA 90212
(213) 277-2586