Spousal maintenance, also known as alimony in other states, is a form of financial responsibility imposed in some divorces. The courts consider factors including the length of the marriage, the health of the spouses and the economic circumstances of each spouse. Those factors influence if maintenance is appropriate, how much the payments should be and how long the order may last. Sometimes, circumstances change during or after a divorce, raising questions about the appropriateness of a maintenance order.
If a spouse paying maintenance quits their job, can they ask the courts to reduce or eliminate maintenance obligations?
Earning potential, not just income, influences maintenance
Many people with financial support obligations after divorce resent those responsibilities. Some people go so far as to quit well-paid jobs simply to avoid or minimize child support and spousal maintenance obligations.
Such practices are common enough to affect how the family courts handle maintenance and child support. In scenarios where one party appears to have intentionally reduced their own income to avoid or reduce maintenance obligations, the courts may consider their earning potential, not just their current income.
Claims of intentionally quitting a job or becoming underemployed can influence the courts when they decide how much maintenance one spouse should pay, the duration of the order or whether a modification is appropriate. If the paying spouse quits their job or otherwise reduces their income voluntarily, they may end up owing arrears instead of successfully reducing what they must pay.
Analyzing prior financial records with a skilled legal team can help those pursuing spousal maintenance or responding to a maintenance request. In some cases, changes in financial circumstances can influence the terms of an order granted by the courts.