Can I quit my job to avoid paying Spousal Maintenance?

[Noah W]

No, quitting your job to avoid spousal maintenance is not advisable and likely wouldn't be successful. Here's why:

• Court Imputation of Income: Even if you quit your job, the court can impute income to you. This means they can estimate your earning potential based on your education, work experience, and past employment history. This estimated income would then be used to determine spousal maintenance.
• Deliberate Underemployment: Quitting your job could be seen as deliberate underemployment. The court might view it as an attempt to manipulate the system and could still base maintenance on your potential earning capacity.
• Negative Legal Repercussions: Quitting your job to avoid spousal maintenance could be considered fraud. This could lead to legal repercussions, including fines or even contempt of court charges.

Here are some better options to explore:

• Negotiate a Reduction: If your financial situation has genuinely changed, consider negotiating a reduction in spousal maintenance with your ex-spouse. Be prepared to present documentation proving your hardship.
• Seek a Variation Order: If negotiation fails, you can apply to the court for a variation order to modify the original maintenance order. However, you'll need to demonstrate a significant change in your financial circumstances beyond quitting your job.

For the best course of action, it's vital to consult with a lawyer specialising in family law. They can advise you on your specific situation, the legal implications, and the best approach to minimise spousal maintenance payments while staying within the legal boundaries.