Utah Spousal Support Laws
In Utah spousal support or alimony is one of the most hotly contested issues in a divorce proceeding. While there are other financial concerns during a divorce such as child support, alimony isn’t just about giving up your hard earned money but giving that money to an ex spouse that you may no longer be on good terms with. For a lot of people this is a very hard thing to do and something they want to try and avoid by fighting over it in court. While Utah law allows the court to grant alimony according to their discretion, the court can be persuaded by valid argument established by the parties. Alimony decree’s can come in the form of temporary, short-term, or long-term awards. A temporary
award of alimony is simply an order to pay the decided amount until the divorce decree is entered. Short-term and long-term awards are both included in a divorce decree and while long-term could be forever, short-term is a specified period of time providing the spouse time to get back on his or her feet.
Factors to Be Considered
In deciding whether or not to award alimony and how much, the court will look at a number of factors as outlined by law. Those factors include:
- the financial condition and needs of the recipient spouse;
- the recipient’s earning capacity or ability to produce income;
- the ability of the payor spouse to provide support;
- the length of the marriage;
- whether the recipient spouse has custody of minor children requiring support;
- whether the recipient spouse worked in a business owned or operated by the payor spouse; and
- whether the recipient spouse directly contributed to any increase in the payor spouse’s skill by paying for education received by the payor spouse or allowing the payor spouse to attend school during the marriage.
General Rules Regarding Alimony
Alimony issues are highly regulated by statutory rules, but courts still have a lot of discretion in their decisions. Whether requesting, modifying, or enforcing alimony there are a number of general rules concerning alimony. Alimony is generally not given for a period of time longer than the length of the marriage. It can be paid in a lump sum with child support if the court allows, and the court that grants the alimony retains jurisdiction for any future disputes (i.e. modification or enforcement). Normally if a spouse that has been awarded alimony remarries or moves in with someone then that alimony award is terminated.
Get Help from an Ogden Attorney
With the help of an attorney from our firm you can rest assured that your alimony issues will be taken care of properly. Our experienced family law attorneys will help you fight to protect your rights and help you get a fair outcome before the court. Call or email us today to set up a free consultation. 801.475.0991