Can Your Spouse Avoid Paying Alimony By Simply Not Working?

Are you out of luck if your spouse doesn't work?

Do you "get screwed" when it comes to alimony just because your spouse is unemployed?

No.

One of the most common fears people have during divorce is this:

"What if my spouse just stops working?"

Maybe your husband quit his job.

Maybe your wife suddenly decided to become "self-employed."

Maybe your spouse has been underemployed for years and now claims to have little or no income.

Does that mean you're out of luck?

Not necessarily.

In New Jersey, judges are not limited to looking at what a person actually earns. In many situations, they can also consider what that person is capable of earning.

That's where the concept of imputing income comes in.

Imputing income means that a court may assign income to a spouse even if that spouse is unemployed or earning less than he or she reasonably could be earning.

In other words, the court is sometimes allowed to look beyond the paycheck.

A judge may consider factors such as:

Education and training

Work history

Professional skills and experience

Employment opportunities

Local job market conditions

Health and other legitimate limitations

The question is often not simply, "What is this person earning today?"

The question may be, "What should this person reasonably be earning?"

That distinction can dramatically affect alimony, child support, and other financial issues.

Of course, imputing income is rarely as simple as it sounds.

What if your spouse claims there are no jobs available?

What if they left a high-paying career years ago?

What if they are self-employed?

What if they are approaching retirement age?

What if they insist that health issues prevent them from working?

These cases often become battles of facts, credibility, expert opinions, and strategy.

And this is where many people make costly mistakes.

The law matters.

But so does understanding how these cases actually unfold in real New Jersey courtrooms.

That's one of the reasons I created DIVORCE SMARTER.

Inside the course, I discuss not only legal concepts like imputing income, but also the practical realities that divorcing people face every day.

You'll learn how courts evaluate financial claims, the mistakes people commonly make, and the issues that can significantly impact the outcome of a case.

Because when you're making decisions that may affect your finances for years to come, understanding how divorce works in the real world can be every bit as important as understanding what the law says.

Ready to learn more?

Sign up for Divorce Smarter and start making better divorce decisions today.