Is It Harder to Get a Job After 40? Should Divorce Courts Care?

I just came across this from “Inc. this Morning” from Inc. magazine. It’s something you and the court may need to keep in mind when it comes to child support and/or alimony:

“A friend of mine turned 40 recently, and I told him, “Hey, look on the bright side: At least now you’re in a protected employment class.”

It’s a joke on a few levels: First, I’m older than he is, and second, he’s worth millions so he’s not all that worried about finding a job. Here’s the third level: A federal appeals court just ruled that the anti-age discrimination law applies only to current employees, not job applicants.

“Is this good news? Probably not so much for older job applicants, at least in the three midwestern states covered by the 7th U.S. Circuit Court of Appeals (Illinois, Indiana, and Wisconsin).

“Perhaps for some employers, this is welcome news. But bear this in mind: The pool of workers ages 55 and older is growing quickly and will make up nearly a quarter of the workforce by 2022, according to the U.S. Bureau of Labor Statistics.

So if you are getting divorced, are over age 40, and don’t have a job or find it difficult to find a job, should the court consider your age in imputing you an income for alimony and/or child support purposes? If so, how? Hartvigsen v. Hartvigsen – 2018 UT App 238 – alimony, marital property

Utah Family Law, LC | | 801-466-9277

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