While no one gets married with the intent of getting divorced, data from the Indicator-Based Information System (IBIS) indicates that 3.4 in every 1000 people divorced in Utah in 2017. One of the issues divorcing couples have to deal with is alimony.
Alimony is a court-directed payment made from one spouse to the disadvantaged spouse to help them maintain a lifestyle that’s close to how they lived when they were married. In a cooperative divorce, the two parties may agree on who pays alimony and how much will be paid without involving the court.
Alimony laws in Utah
A common misconception is that only women should be awarded alimony. According to the Utah laws, a man can receive alimony if he was the caregiver while the woman was the breadwinner. Normally, a court decides on whether alimony payment is viable after dividing the couple’s marital property. This way, the judge is aware of each spouse’s income, assets, properties, and debt obligations.
What factors are considered before alimony is awarded in Utah?
Apart from one spouse’s need for support and the other’s financial ability to pay alimony, a court of law is likely to consider such factors as:-
- The recipient’s earning capacity or their ability to earn an income
- The length of the marriage – the longer you have been married, the more likely it is that either of you will have to pay alimony.
- Each spouse’s contribution to the marriage - this includes but is not limited to education, childcare, and career building.
- Which parent obtains custody of children if any
- The age, physical, and emotional wellbeing of both spouses
Depending on the circumstances, the court may order temporary, short-term, or long-term alimony payments. Temporary alimony is awarded in the course of the divorce proceedings and not after the conclusion of the case. Short-term alimony could be awarded to allow the recipient to obtain the necessary skills to become employed. Long-term or permanent alimony is granted to a spouse who has significant needs or has zero earning capacity.
How a divorce attorney Utah helps when it comes to alimony
There is a lot of jurisdiction when it comes to divorce cases. In some cases, judgment is based on newly set precedents that would be unknown to a layman. As such, it is vital to work with a competent divorce attorney Utah to help you argue your case effectively.
If you find yourself facing a divorce, contact Wall & Wall Attorneys At Law. We have been in practice since 1973, and we offer a 30 minutes free consultation and case review session. We offer military discounts to service members and offer DIY divorce solutions.
The Wall's have over more 190 years of combined legal experience as divorce and family law attorneys. They aggressively represent their clients in matters including the complex and difficult issues surrounding paternity, child custody, alimony, grandparent rights, property and debt division.
Wall & Wall Attorneys At Law PC
2168 Fort Union Blvd.
Salt Lake City, UT 84121
801-441-2388
