Divorce for Unemployed and Underemployed Spouses

Massachusetts Lawyer for Fair Alimony and Spousal Support

Alimony and child support are generally based largely on what each of the divorcing spouses can reasonably earn. That means that if one spouse takes a job that pays less than what he or she could earn based on education and experience, the courts will sometimes calculate the support amount based on the higher figure. At Massachusetts Family Law Group, our attorneys assist those accused of deliberately seeking under-employment, as well as those whose spouse has quit his or her job for a lower-paying position.

Typical Under-Employment Scenario

For example, if a jeweler who earns $75,000 a year decides the retail industry is just too stressful and goes to work instead as an Assistant Manager at CVS earning $33,500, a judge might decide to base support calculations on the jeweler's level of income. Our lawyers handle similar situations frequently and appear in the Probate and Family Courts of Norfolk, Middlesex, Essex and Suffolk and Middlesex counties almost every day. We know the preferences, policies and procedures of each court and can anticipate the response to issues related to under-employment or unemployment.

When the facts suggest under-employment has occurred, the person who has changed jobs will usually be expected to present evidence about the personal factors, such as stress, that made the change necessary. Sometimes we call a psychologist or vocational expert to testify as an expert witness. The person opposing a reduction in support will often succeed if he or she can show that the lifestyles of those who are being supported will be severely affected by the loss of substantial support payments. Because our attorneys represent either side in such matters, we are familiar with the strategies that are used and can develop effective counter-proposals.

A Statewide Legal Brain Trust Working for You

Attorney Irwin M. Pollack has often consulted or engaged employment experts to testify to an individual's employment potential. He knows that changing to a lower paying job is a common trick that is often played during the divorce process. He also knows that there are entirely legitimate reasons for accepting a lower paying job. He and our entire team of lawyers rely on our statewide brain trust of attorneys and experts to get to the truth of issues arising from under-employment or unemployment in divorce.

Our Record Speaks for Itself

The majority of our clients are referrals from satisfied clients who also return to our offices again and again for legal advice. With well over more than 100 years of combined courtroom litigation experience, our group has handled well over a thousand cases. No client is ever too small and no case is too large; our mission is the best legal representation for every client.

To learn about unemployed and under-employed spouses in divorce, call our Boston attorneys 800-763-1030 or send an e-mail to schedule a free initial consultation. We represent clients throughout Eastern Massachusetts in communities such as Salem, Dedham, Gloucester and Everett.