Divorce settlements are almost always based on certain assumptions, including an assumption about the projected future earnings of each spouse. This information is often considered when calculating spousal support in Alberta. But what happens when a job loss takes place during a divorce? There are a few things divorcees should know about this challenging scenario.
The loss of a job during a divorce is very likely to come up during negotiations. Background about the job loss, such as the reasons it happened, will be important in determining how this may affect spousal support, child support, or child custody. Was it a lay-off, or a result of negative behaviours? How long will it likely take to find another job? These questions will likely come into play.
If a job was lost due to poor behaviour, or if a person quits a job amidst a divorce, the court may hold them accountable to the same amount of money they were making prior. However, if the job loss was due to layoffs, they may be more lenient. It is important for both parties to be as realistic as possible in such situations. It is also important that the person who lost their job make a good faith effort to replace this income; this would not necessarily be the ideal time to take a pay cut or go back to school.
Spousal support and child support is a way to help each party to maintain their pre-divorce lifestyle as best as possible given the circumstances. Undoubtedly, a change in job status is a circumstance that will affect this. Discussing options with an Alberta lawyer, such as a sliding scale agreement, can help individuals in this situation to understand their best options.