What Can I Do if I Get Fired During My Divorce?

 Posted on July 07, 2022 in Divorce

Losing a job is never easy, but losing your job during the middle of an Illinois divorce can be a nightmare. The financial difficulties and stress of divorce are rapidly compounded by job loss, and these can be heightened by the fact that failure to meet court-ordered financial obligations comes with serious consequences. Unfortunately, as economists speculate that the U.S. economy is moving towards a contraction, this situation is likely to become a reality for many people. With the help of an experienced Illinois divorce attorney, however, you do not have to navigate this complex situation alone. 

The Reason For the Job Loss Matters

Courts are less than sympathetic to spouses who are voluntarily unemployed or underemployed because they want to avoid losing money in a divorce. However, if you are laid off for reasons beyond your control, a court is much more likely to be flexible and understanding than if you quit your job because you want your child support payments to be lower.

It is essential to be in close contact with the court during times of financial uncertainty. Be prepared to offer proof that your job loss was unintentional. An attorney can help you present a convincing case that you are unemployed due to situations beyond your control and try to persuade a court that your financial obligations should be adjusted to reflect that. You may be able to adjust the amount of spousal maintenance and child support obligations until you get back on your feet, but job loss is not a long-term strategy for avoiding expenses associated with divorce. Even when judges are understanding of a job loss, they will likely set your financial obligations at a level that reflects your earning potential, rather than your current reality. 

Be Creative in Negotiations

One possible solution may be to include a clause in the divorce decree regarding support payments once you are gainfully employed again. Other options may also be on the table, such as exchanging a larger share of the marital estate for the unavailable payments or giving a larger part of any severance package. It is important for both spouses to maintain a realistic perspective of their options so impossible demands do not derail the divorce process and prolong it unnecessarily. 

Contact a DuPage County Divorce Attorney Today

Losing your job during divorce can feel like a catastrophic event, especially with so many other problems to manage. If you are worried about whether you will be able to meet your financial and legal obligations, make sure you have help from an experienced Wheaton, IL divorce attorney who can help guide you and ensure you get the best legal representation available. Put The Stogsdill Law Firm, P.C.’s decades of experience to work for you and call us today at 630-462-9500 to schedule a consultation.

Source: 

https://www.forbes.com/sites/frawleypollock/2019/05/30/how-to-handle-job-loss-during-your-divorce/#5e4fc550a5bc