How is Alimony and Spousal Support Determined?

As it becomes increasingly common for both spouses in a marriage to maintain their own careers, alimony is becoming less frequently an issue in Utah divorce cases. However, if you are seeking a divorce after a lengthy marriage, or if you or your spouse forewent a career to raise your children or maintain the family home, alimony may be an issue for you. If this is the case, it is crucial that you fully understand your rights before beginning any type of divorce negotiation. Determining alimony can be very subjective, so it takes an attorney to evaluate your position thoroughly.

Types of Alimony and Maintenance

Alimony or spousal maintenance in Utah is most often temporary. It may be awarded while the divorce is taking place and for a limited time thereafter to allow the economically disadvantaged spouse to maintain a reasonable standard of living until reentering the workforce. Utah courts may also award alimony as compensation if the nature of marital assets makes an uneven distribution unavoidable.

Permanent alimony is available, although it is awarded only under very limited circumstances. Ongoing alimony obligations can be modified, usually when the obligor suffers a significant drop in income or the obligee enjoys a substantial increase in income or reduction in financial needs.

How Courts Determine Alimony and Maintenance

Unlike child support, alimony determinations in Utah are very subjective. There is no set formula for calculating alimony or maintenance. Instead, a court must consider a number of factors in making an award fair under the circumstances:

The length of the marriage
Each spouse’s earning capacity
Each spouse’s age and health
The allocation of child custody
The allocation of marital property
Each spouse’s separate assets
Each spouse’s contribution to the marriage

Because Utah courts have so much discretion in this area, having an advocate on your side is crucial whether you are seeking alimony or are a potential obligor.

Contact Northern Utah Law Today if you are Considering Divorce

For better or worse, an alimony award can affect your life for years to come. If you are considering filing for divorce in Utah, Ken Peterson at Northern Utah Law can advise you of your legal position and help you negotiate or litigate a fair and beneficial resolution. Contact Ken online to schedule a no-cost consultation.