Under Utah law, the court may award alimony to either spouse. The court will examine the circumstances in the specific case, including who caused the failure of the marriage. This is commonly known as filing a divorce case for grounds of cause – this means something other than irreconcilable differences.
alimony may be granted on a temporary basis as well as a permanent basis after entry of the divorce decree. The longer the marriage, the more likely alimony awarded the breadwinner or Sole Provider for the family.
Utah courts determine alimony on a case-by-case basis by looking at the financial situation of each spouse. The courts generally compare the earning capacities as well as past earnings. Financial declarations are signed and filed with the court along with evidence showing income whether by bank account, tax return or paycheck stubs.
Alimony is also called spousal support or maintenance and it consists of money paid for the support of the other spouse after a couple has divorced and in some cases during divorce proceedings. If you are looking to get a divorce proceeding your attorney needs to file a motion for temporary orders and specific. If you do not do this at the beginning of your divorce case the court commissioner or judge will wonder whether you actually need it or not because you’ve survived without it for a period Of time maybe even years.
the purpose of alimony is to assist the spouse who earns less money and do try to make both spouses standard of living reasonably close to what they enjoyed during the marriage. Alimony may be requested by husband or wife semicolon gender does not play a role in determining alimony.
There are essentially three parts to the test. Part one is one of the spouses needs to show a financial need. The second part is that the other spouse needs to have the ability to fulfill that financial need. The third part is that the court judge or commissioner will order temporary or permanent alimony depending on the needs, length of the marriage, as well as what stage the case is in. There is also case law on this issue.
Once the court settles The spouse’s property rights it will consider a request for alimony. Generally, the court looks to the standard of living enjoyed at the time of Separation to determine appropriate alimony. The court can also look at the situation at the time of trial if there has been a significant change in resources or circumstances since the timer separation such as the loss of a job, for example.
If your marriage was shorter and there are no children, the court could use the standard of living at the beginning. If a spouse is unable to meet the appropriate. Sources, needs, and earning capacity, as well as the pain. The court is not required to order an advantage spouse to pay support if so doing means that they won’t be able to be self-supporting., the court can’t make them more than one standard of living, no matter how much money the paying spouse might be able to pay.
Alimony payments usually last only as long as the number of years to marriage existed. Court will not look at alimony until the parties were married for at least the court order them for shorter or longer time, however, it is typically the length of the marriage that alimony will be awarded. Also, payments automatically terminate when the recipient. Is also a cohabitation provision in the Utah code that allows payments of alimony to terminate when one party cohabitates with another. Where the recipient spouse doesn’t remarry but moves in with a new partner the payor spouse can go to court and get a modification of the divorce decree.
Alimony is a separate issue from child support and marital property distribution and division. Remember the court can consider child support payments and division of marital property when determining whether or not to award alimony.
Alimony Lawyer Free Consultation
If you have a question about alimony law or if you need to take action in a divorce case in Utah to get alimony or stop it,, call Ascent Law at (801) 676-5506. We want to help you.
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506