Utah Alimony Laws

Utah Alimony Laws

Although often thought of as a husband’s payment to his wife after divorce, this is not the case. In Utah, either partner can receive Alimony based on certain factors of the marriage. The court will usually try to determine alimony by considering the living standards of the parties at the end of their marriage, unless the marriage is short with no children, then they might consider previous living conditions. The courts goal will be to equalize living standards of the separating parties. These alimony awards will usually not last for a period longer than the duration of the parties marriage.

In addition, the support payments (if any) can influence or determine the marital property distribution, making it a crucial part of the final outcome of any divorce. Also, if you and your spouse are unable to reach an amicable agreement on the matter, the District Court will order support from one spouse to the other on a case-by-case basis.
Modifying alimony is possible under Utah law, though material change in circumstance can modify the original arrangements.  Alimony cannot be changed just because the needs of the recipient have changed. No modification will be awarded for a change of condition that was not present at the time awarded.

What factors are typically considered when determining the length of time and amount of alimony to be awarded?

  • the financial condition and needs of the recipient spouse
  • the earning capacity or income potential
  • the reasonability of the paying spouse to pay
  • the duration of the marriage
  • whether the recipient spouse has custody of minor children requiring support
  • if the recipient spouse worked in a business owned or operated by the payor spouse
  • whether the desiring spouse contributed to the earning capacity of the paying spouse

The court may also consider the marital misconduct of the parties in determining alimony. (Utah Code – Sections: 30-3-3, 30-3-5)

This includes the following misconducts:
  • Extramarital Affairs
  • Financially Undermining A Spouse
  • Intentionally Causing Harm to a Spouse or Child
  • Intentionally Causing a Spouse or Child to Fear for their Lives.

Call the attorneys at Schmidt Law Firm 801-895-3113 if you need help with Alimony today!

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