Depending on which party in a divorce you ask, alimony may be viewed in numerous different ways—some positive and some negative. Known in Utah as “spousal support,” alimony is a common method used to ensure regular payment from one spouse to another spouse to ensure their financial wellbeing both during and after a divorce. Due to the fact that it requires one spouse to continue paying the other spouse after they are divorced, alimony tends to be one of the most contentious aspects that must be determined in a marital dissolution.
While in some situations spouses may agree to alimony on their own, in most situations it will be left to the court to determine whether or not alimony should be provided by one spouse to the other. When weighing your options and determining the best course of action for your divorce, it is essential that you understand what factors the courts will consider in making such a determination.
Please keep in mind that this blog is not intended to provide legal advice for your specific situation, and you should always consult with a knowledgeable family law attorney like those at Arnold, Wadsworth & Coggins when it comes to planning for, pursuing, or even defending against alimony determinations in your unique case.
At the end of a marriage, either a man or a woman may seek alimony. As a result, alimony is awarded in such a way as to not be influenced by the sex of either involved party.
Determinations Of Which Spouse Will Pay Alimony
Courts weigh various factors when determining how to award alimony. It is important to note that either spouse, no matter their gender, may be required to pay alimony. Some of the key factors considered by Utah courts in alimony determinations include:
- Various Economic Factors- When a party seeks alimony, a court examines various factors including the financial needs of the spouse requesting alimony, the ability of the providing party to earn income, the duration of the marriage, whether the spouse receiving income has custody of any minor children, and whether the spouse receiving income contributed in anyway to the contributing spouse’s earning potential.
- Fault- Fault during a marriage can influence an alimony determination. Fault can include a variety of factors including domestic violence, extramarital affairs, and financial blows to a family.
- Standard Of Living For The Spouse Requesting Alimony- In awarding alimony, courts weigh the couple’s standard of living during their marriage and usually attempt to ensure that they will be able to maintain that same standard of living following the divorce.
Duration of Alimony
After a court of law determines that an award of alimony is appropriate, a court then determines the length of time for which alimony will be provided. Alimony is designed to be temporary in most cases. In Utah, the length of the marriage is usually the key determining factor in establishing the duration for which alimony will be awarded.
Alimony terminates either after a court ordered period of time or upon the death or remarriage of the spouse that is receiving alimony. When the spouse receiving alimony cohabits with another individual then alimony may also be terminated.
How A Skilled Utah Family Law Attorney Can Help
Utah courts have a significant amount of discretion in deciding whether or not to award alimony, the duration of alimony, and the amount. This can make it difficult for someone without in-depth knowledge of Utah family law to predict and plan for spousal support determinations. If you are facing a divorce, understand that a skilled Utah family law attorney can help ensure you achieve the best outcome possible. By retaining legal counsel from Arnold, Wadsworth & Coggins, clients can begin to take actions to make sure all alimony considerations in their divorce are both fair and reasonable. Give us a call today to learn more.
