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