Alimony is Complex.
Let us help you determine if alimony is likely or appropriate in your situation. We can help obtain or avoid alimony, depending on the circumstances.
Utah Alimony Laws
Utah alimony laws provide for court-ordered payment of money to an ex-spouse after the dissolution of marriage. Alimony in Utah may be awarded to either the wife or the husband. Alimony may be awarded if the party is unable to support his or herself through employment and the party lacks sufficient property, including marital property apportioned to the party, to provide for their reasonable needs and expenses. Temporary alimony may be awarded while the divorce is pending and then for a longer period after the divorce has been granted.
How Is Determined Whether Alimony Is Awarded?
Generally, the Utah courts will consider the following factors, among others, in determining alimony:
- length of the marriage (the longer the marriage the more likely alimony will be ordered);
- the financial condition and needs of the party receiving alimony, including debts and their ability to pay the debts;
- the custody of minor children who need support;
- the ability to pay support by the other spouse;
- contribution of one party to the education, training or increased earning power of the other;
- the earning capacity or ability to produce income by the recipient;
- fault of the parties–infidelity, physical harm to spouse or children, or undermining financial stability of the other party or the minor children;
- and any other facts as the court may determine to be relevant.
Alimony may also be modified later.
How is the Amount of Alimony Determined?
In determining the amount of alimony, the court considers the parties standard of living at the time of separation. In some cases the Court will try to equalize the parties’ standard of living–essentially making the parties’ standard of living after separation equal.
How Long is Alimony Required?
The duration of alimony depends on a number of factors including the length of the marriage, the marital status of the recipient, and the living arrangements of the recipient. In Utah, alimony can’t be required for a period longer than the length of the marriage. For example, if the parties were married for 3 years then alimony may not be required for longer than a 3 year period. Alimony will also automatically terminate upon the remarriage of the recipient. Finally, if the recipient cohabitates with another person in a marriage-like relationship then alimony may be terminated.
If you and your ex have already agreed to all the terms of property division, visitation, child support & maintenance and only need an attorney to draft the paperwork to make the agree legal, our flat-fee uncontested divorce can help. We understand that attorneys sometimes complicate your agreement to increase their fees. Not us! Our flat-fee uncontested divorce will affordably draft and file all the necessary paperwork to quickly finalize your divorce–if you have already agreed to the terms.
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Generally each party hires his or her own attorney and is responsible for their own legal expenses and costs associated with divorce. In some case, the court may award attorney’s fees.
Child support in Utah is based on a formula that can easily be calculated if the income of both spouses is known. You can use the calculator at Office of Recovery Services locate at Office of Recovery Services – (utah.gov).
Alimony is a remedy awarded to help a financially weaker spouse become self-sufficient. In Utah alimony is discretionary and is not awarded in every case. Factors that a court will consider in determining if alimony should be awarded and if so how much includes:
- Income and financial resources of both parties
- Age
- Emotional & physical condition of each party
- Standard of living during the marriage
- Length of the marriage
The first step the court will take to divide the property is to identify property (separate property) that was brought into the divorce by each party. Each party will receive their separate property. Property that is acquired during the marriage is “marital property.” Divorce and family courts are courts of equity. That generally means that the court will attempt to equally divide the marital property.
For more information on Utah Divorce, a free initial consultation is your best next step.
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