Divorce can create major changes in a family's financial picture, but not every change in income is beyond someone's control. A spouse may lose a job unexpectedly, reduce their hours, leave the workforce, or decide to pursue a different career while a divorce is pending. Sometimes the change is reasonable. Other times, it may raise questions about whether someone is intentionally reducing their income to affect support.
That distinction can matter when a court is determining financial obligations. If a spouse who previously earned a substantial income suddenly stops working or takes a significantly lower-paying position, the court may look beyond the current paycheck.
Can a Spouse Quit Working During a Divorce?
Generally, an adult is free to make employment decisions. Filing for divorce does not prevent someone from changing jobs, leaving a position, starting a business, returning to school, or pursuing a different career.
The financial consequences of that decision, however, may not shift entirely to the other spouse.
If a spouse's claimed income does not accurately reflect what they are reasonably capable of earning, the court may consider factors beyond actual current earnings when addressing support.
This can become particularly important when the timing of an employment change coincides with a pending divorce or support dispute.
When Voluntary Unemployment Becomes a Legal Issue
An important difference exists between being unemployed and intentionally remaining unemployed to reduce a support obligation.
Someone may leave a job because of legitimate health concerns, family responsibilities, workplace conditions, or a reasonable career decision. Another person may turn down available employment or deliberately reduce their earnings because they expect it to affect the amount of support they pay or receive.
Courts can examine the circumstances surrounding the change rather than simply accepting the new income figure at face value.
Relevant considerations may include:
- Employment history. A person's previous positions, earnings, education, and professional experience can provide context for their earning capacity.
- Reason for leaving the job. The circumstances surrounding a resignation or career change may be important when evaluating whether the decision was reasonable.
- Available employment. Evidence concerning comparable work or other realistic employment opportunities may help establish whether someone could be earning more.
- Efforts to find work. A person's job search, applications, interviews, and other efforts may become relevant when unemployment is disputed.
- Current earning capacity. Courts may consider what a person is reasonably capable of earning rather than relying exclusively on current wages.
The specific rules and standards vary depending on the type of support at issue and the applicable state law.
What Does Underemployment Mean?
Voluntary underemployment can present a similar issue.
A spouse does not necessarily have to quit working entirely for questions about income to arise. Someone who previously worked full time might reduce their hours, move into a lower-paying position, decline additional work, or otherwise make a significant change in their earnings.
Again, the reason matters.
For example, a parent may reduce work hours because of legitimate childcare responsibilities. Someone may also need to make employment changes because of a medical condition or another significant life circumstance. These situations are different from deliberately reducing income without a reasonable basis.
The court may examine the complete financial and personal circumstances before determining whether a person's current income accurately reflects their ability to contribute toward support.
How Voluntary Unemployment Can Affect Spousal Support
Spousal support is intended to address financial circumstances between spouses under the applicable legal framework. If one spouse's income changes dramatically during a divorce, that change can affect the support analysis.
For the spouse paying support, voluntarily reducing income does not necessarily mean the support obligation will automatically decrease.
For the spouse seeking support, voluntarily leaving employment can also create questions about whether they are capable of earning income and what role that earning capacity should play in the support determination.
The court may consider issues such as:
- The spouse's historical earnings. Previous income can provide evidence of employment experience and earning capacity.
- Education and professional skills. A person's qualifications may help establish what employment opportunities are realistically available.
- The standard of living during the marriage. The financial circumstances of the marriage may be relevant to the broader support analysis.
- The reason for the employment change. A legitimate reason for leaving or reducing employment can be materially different from an intentional reduction in earnings.
- The overall financial circumstances of both spouses. Support decisions generally involve more than looking at one person's paycheck in isolation.
The court's analysis will depend on the facts and the law governing the case.
What About Child Support?
Employment changes can also affect child support calculations.
Parents have financial responsibilities toward their children, and a parent generally cannot assume that voluntarily earning less will automatically reduce those obligations. When income has changed substantially, the court may examine whether the change was voluntary and whether the parent's reported earnings accurately reflect their ability to work.
This can become especially important when a parent leaves a well-paying position shortly before requesting a reduction in support or when a parent seeking support voluntarily stops working.
Child support and spousal support involve different legal considerations, so the effect of an employment change can differ depending on which obligation is at issue.
Proving That a Job Change Was Voluntary
Claims of intentional unemployment or underemployment need to be supported by evidence. Simply believing that a spouse could be earning more is not necessarily enough.
Employment records, tax documents, job postings, professional qualifications, communications about a resignation, and evidence of a person's job search may all become relevant depending on the circumstances.
Useful financial and employment records may include:
- Recent pay stubs and tax returns. These can establish historical earnings and recent changes in income.
- Employment records. Offer letters, termination documents, compensation records, or other employment information may help explain an income change.
- Job-search records. Applications, interviews, and correspondence can provide evidence of efforts to obtain employment.
- Professional information. Résumés, licenses, certifications, and employment history may help establish earning capacity.
- Financial records. Bank statements and other records may provide additional context when reported income changes significantly.
The purpose is not to punish someone for changing careers or experiencing unemployment. It is to give the court enough information to evaluate whether the claimed income accurately represents the person's financial circumstances.
What If Your Spouse Quits Before Support Is Determined?
Timing can make an employment change particularly significant.
A spouse who leaves a job shortly before a support hearing may argue that their new income should be used in the calculation. The other spouse may question whether the change was voluntary or whether the person remains capable of earning substantially more.
That dispute may require the court to examine the circumstances surrounding the employment decision and the evidence of earning capacity.
If you discover that your spouse has quit a job or substantially reduced their income during divorce, avoid making assumptions about what the change automatically means. The legal effect depends on the circumstances and the type of support being considered.
What Should You Do If Your Spouse Stops Working?
An unexpected employment change can create uncertainty, particularly when support has not yet been established or when an existing support obligation is being challenged.
Start by documenting what you know rather than attempting to investigate your spouse's employment through improper means. Preserve financial records and communications that are lawfully available to you and keep track of when the employment change occurred.
If the change appears connected to a support dispute, discuss the circumstances with a family law attorney. An attorney can help determine what information may be relevant and how the issue can appropriately be presented to the court.
When Income Changes During Divorce
A job change does not automatically mean that a spouse is attempting to manipulate support. People lose jobs, change careers, become ill, take care of family members, and make other legitimate employment decisions during divorce.
But when a significant reduction in income appears intentional, the court may have reason to examine earning capacity rather than relying solely on reported wages. The distinction can have important consequences for both spousal support and child support.
McKinley Irvin represents clients in divorce and family law matters involving spousal support, income changes, and other complicated financial issues. An attorney can help evaluate the circumstances surrounding a spouse's employment change and determine what information may be relevant to the support determination.
If your spouse has recently quit a job, reduced their income, or changed employment during a divorce, call (888) 337-0258 or contact us online to discuss the legal options available to you.