The journey through divorce is full of many unknowns and even more questions. One of the more commonly asked questions that come up is about alimony and how much alimony will they receive. Each divorce case is different from the next, so the answers to these questions will vary as well.
Continue reading below to learn more about alimony and how much you will receive.
What is Alimony?
According to Utah Courts, alimony, also referred to as spousal support, is “the court-ordered allowance that one party pays to the other party for support.” The idea is for both parties to maintain the same standard of living and lifestyle as they did when they decided to separate.
Who Can Receive Alimony?
Alimony in Utah is gender-neutral. Either party may ask the court for alimony.
How Long Will Alimony Be Ordered?
Alimony can be awarded temporarily (during a separation) or for an extended period once the divorce is finalized. Like all things, there are exceptions to any rule. But, for most cases, according to Utah Courts, “alimony may not be ordered for a period longer than the length of the marriage.”
How Much Alimony Will I Get?
There is no formula when calculating alimony in Utah. Instead, a judge will determine alimony on several factors and other pertinent information and relevant circumstances. The amount of alimony one will receive varies from case to case. First, the courts will determine the couple’s standard of living throughout their marriage. Secondly, the court will consider each of these items:
- The requesting party’s financial situation and their needs
- The amount of education the requesting party has and their earning potential (given their education level, skills, employment history, etc.)
- The other party’s ability to pay alimony
- How long the couple was married
- Which party has custody of the children and whether or not they need support
- If the requesting party has worked for a business owned or managed by the other and
- If the requesting party contributed to an increase in the other party’s income.
The court can also consider these factors:
- Either party’s fault or marital misconduct that led to the separation/divorce
- Both party’s age and their physical, mental, and emotional health
- How long the requesting party has been out of the workforce and
- Any other relevant factors.
If the divorcing couple would like to control the alimony order, terms will be negotiated in a settlement agreement and presented to a judge for approval.
When Does Alimony End?
The obligation to pay alimony automatically terminates when the recipient remarries or dies. If the recipient starts living with a new partner and cohabitation can be proved to the courts, alimony will be terminated.
Contact Ault Firm Today
Family Law in the state of Utah can be complicated. The team of attorneys at Ault Firm is here to help you navigate through the complicated legal process. We are dedicated and committed to protecting your rights and your best interest. If you are facing a divorce, call on the attorneys at Ault Firm today.