Can My Spouse Quit His Job to Avoid Paying Spousal Support?

 Posted on August 15, 2024 in Spousal Support

A common concern among those just beginning a divorce or coming out of a divorce is whether their spouse could quit a job to avoid spousal support. Of course, this question has many facets, and the answer depends on the specific circumstances, but judges generally do not look kindly upon a person who attempts to deceive the court.

If your spouse quit his job solely as a means of avoiding spousal support and perhaps obtaining a bigger share of the marital assets, it is important that you speak to an Oakbrook Terrace spousal support attorney. When you choose an experienced family law attorney from Farooqi & Husain Law Office you can rest easy knowing you have a strong advocate who will protect your rights during the divorce and after the decree is complete. Our firm has an excellent record of positive outcomes in our family law cases, which includes spousal support.  

What Factors Determine an Award of Spousal Support?

The award of spousal support is based on many factors, including the receiving spouse’s need and the paying spouse’s ability to pay. Other factors include:

• Present and future earning capacity of each spouse

• Marital and non-marital property of both parties

• Duration of the marriage

• Standard of living established during the marriage

• Whether parental responsibilities impede the receiving party’s ability to seek or maintain employment

• How long it will take the receiving spouse to acquire education, training, or employment

• Age, health, occupation, amount and sources of income, employability, liabilities, estate, and the needs of each party

• All sources of public and private income

• Tax consequences to each party

• Whether a prenuptial or postnuptial agreement exists

• Any other factor the court finds to be just

Is There Anything I Can Do if My Spouse Deliberately Becomes Unemployed or Underemployed?

If your spouse deliberately quits his job before or during the divorce solely to avoid paying spousal support, you need to discuss this with your attorney. If you can show that your husband worked as an architect during your entire marriage, then once you filed for divorce, he quit and took a job at McDonald’s, there is a compelling reason for the court to investigate his motivations. If the judge is convinced your spouse is attempting to dodge spousal support,, the court may impute income for your spouse to determine spousal support.

This means that if your husband made $120,000 a year as an architect and now makes $24,000 a year, then the court will attribute an income level to him, regardless of current earnings.  His employment history, education, qualifications, and average earnings in his usual field of employment will be used to determine what he could be making. This figure will be used in the calculation of spousal support. If your husband waits until spousal support is awarded and then quits his job, asking the court for a modification, the court will consider:

• Whether the job loss was voluntary or involuntary

• Whether the termination was due to misconduct or another issue

• Whether the individual voluntarily quit his job with no justifiable cause

Contact a DuPage County, IL Spousal Support Attorney

If your spouse is trying to circumvent paying spousal support, the attorneys at Farooqi & Husain Law Office will work hard to correct the situation. We have had many family law case successes as we stay up to date on the ever-changing Illinois statutes. Our firm has one of the few Muslim attorneys who has a deep understanding of the intersection of Islamic personal law and U.S. law. An Oakbrook Terrace, IL spousal support lawyer from Farooqi & Husain Law Office, is ready to help you with this issue or other family law issues. Call 630-909-9114 to schedule a meeting with one of our skilled attorneys.