Can You Fight Alimony Payments if Your Spouse Refuses to Work?

You worked hard to build your income, your career, and your future. Now that your marriage is ending, your former partner expects you to keep supporting them, even though they are perfectly capable of earning their own paycheck.

If that sounds unfair, you are not alone.

One of the most common frustrations clients share with us at Netsquire is this:

“Why am I paying alimony when my ex refuses to work?”

If you are wondering how to get out of alimony or reduce what you are paying, the law gives you options. While New Jersey courts aim to ensure fairness, they also recognize when a former spouse is not making a good-faith effort to become self-sufficient.

What is Alimony in New Jersey?

Alimony, also known as spousal support, is a court-ordered payment from one spouse to another after a divorce. Its purpose is to help the lower-earning spouse maintain a standard of living that is reasonably comparable to the marital lifestyle.

In New Jersey, there are several types of alimony:

• Open Durational Alimony – Typically awarded in marriages over 20 years; no set end date
• Limited Duration Alimony – Paid for a defined period, usually in shorter marriages
• Rehabilitative Alimony – Temporary support to help a spouse gain education or job training
• Reimbursement Alimony – Compensates a spouse who supported the other’s education or career advancement

Whether you agreed to alimony during divorce negotiations or had it imposed by the court, that order can feel especially frustrating when your ex is not even trying to contribute financially.

Can You Stop Paying Alimony If Your Ex Refuses to Work?

Yes—under the right circumstances, you can request a modification or termination of alimony if your ex-spouse is choosing not to work despite being able to.

New Jersey courts expect both parties to act in good faith. That means your former spouse has a legal obligation to make reasonable efforts to become self-supporting. If they are intentionally unemployed or underemployed, you may have grounds to challenge your alimony payments.

The key is proving it.

Proving Voluntary Unemployment or Underemployment

The burden of proof falls on the person asking the court to change or terminate alimony. You will need to show that your ex is capable of working, but is not doing so for reasons unrelated to health, age, or other valid limitations.

Here are some steps our team at Netsquire uses to help clients build a strong case:

1. Investigate Education and Work History

We review your former spouse’s background to show their earning potential. If they have a degree, certifications, or prior work experience, the court will consider what they could be earning.

2. Look for Patterns of Avoidance

This might include:

• Refusing to apply for jobs
• Rejecting job offers without reason
• Quitting jobs without cause
• Intentionally working below their skill level

3. Hire a Vocational Expert

In some cases, we bring in a vocational evaluation expert who assesses your ex’s ability to work, local job market opportunities, and potential earnings. Their report can be powerful evidence in court.

4. Track Any Income They May Be Hiding

Sometimes a spouse is working “under the table” to avoid reporting income. We look for bank deposits, lifestyle spending, or social media activity that tells a different story than their official records.

What Happens If the Court Agrees?

If the judge finds that your ex is voluntarily unemployed or underemployed, they may impute income to them. That means the court will treat them as if they are earning a reasonable wage—even if they are not—and recalculate alimony based on that imputed income.

In some cases, this can significantly reduce or even eliminate your alimony obligation.

Can You Modify Alimony After the Divorce Is Final?

Yes. Alimony is not necessarily permanent. Under New Jersey law, you can request a modification if there is a substantial change in circumstances. Examples include:

• Your ex-spouse’s refusal to work or contribute
• Your job loss or reduction in income
• Your ex-spouse’s remarriage or cohabitation
• Your retirement (under certain conditions)

At Netsquire, we routinely help clients file for post-judgment modifications to ensure that outdated or unfair support orders are adjusted to reflect reality.

What If You Never Should Have Paid Alimony in the First Place?

In some cases, alimony orders were made based on incomplete or misleading financial disclosures. If you believe your ex lied about their finances or concealed income during the divorce, we can help you revisit the original order.

Courts do not look kindly on deception. If proven, fraud could justify the reversal or termination of alimony.

Should You Stop Paying Alimony on Your Own?

Absolutely not.

Even if your spouse is not working and you feel the order is unfair, you must keep making payments until the court says otherwise. Failing to pay alimony can result in:

• Wage garnishment
• Bank account levies
• Driver’s license suspension
• Contempt of court
• Jail time (in extreme cases)

The smart move is to work with an experienced family law attorney who can petition the court on your behalf and make a case for reducing or ending your obligation.

How Netsquire Helps You Fight Unfair Alimony

We understand how hard it is to keep paying alimony to someone who refuses to work. It feels like financial punishment for trying to move on.

At Netsquire, we use modern legal tools, expert partnerships, and a strategic approach to advocate for our clients throughout New Jersey. We handle everything virtually, so no matter where you are in the state, we make this process easy, efficient, and effective.

Whether you need to:

• Request a modification
• Prove your ex is choosing not to work
• Respond to a request for increased support
• Challenge a fraudulently obtained order

…our team is ready to step in and fight for a result that actually reflects your reality.

You Are Not Stuck with a Bad Deal

If you are wondering how to get out of alimony, and your ex is clearly not trying to be financially independent, you have the right to challenge the arrangement.

Courts in New Jersey expect both spouses to carry their weight. Alimony is not a permanent handout. It is supposed to be a bridge to independence, not a lifetime obligation.

Let us help you walk into court with a strong case, clear goals, and experienced legal support at your side.

Ready to challenge an unfair alimony order?

Schedule a consultation with Netsquire today and find out how we can help you fight back the right way.