Utah Alimony 101

Unlike child support, there’s no specific formula that can calculate whether or not you will receive spousal support (alimony) or even how much you will get. Spousal support’s purpose is to make sure that both parties are taken care of after a divorce.

Spousal support could be awarded if one party’s property award is not enough to support them properly. A judge can order it if one party is significantly less financially capable after the divorce. The other party can supply them with money to make up for the deficit.

Spousal Support Can be Mutual

Spousal support is an optional part of the overall property division process in a divorce. If there’s a discrepancy, you and your spouse can try to work out a fair property settlement between each other. This includes whether a party will pay spousal support and how much it would be.

Can’t Agree? A Judge can Decide for You

If you or your spouse cannot agree on a spousal support plan, a judge can take over and decide for you both. When this happens, a judge considers several things. Below find a list of the factors that a judge will weigh in to decide if there should be spousal support, which spouse will be paying spousal support, and how much money should be allotted to the party;

  • Behavior during Marriage. The judge may look into each spouses’ conduct during the marriage and who was at fault for the breakup. However, fault alone cannot justify a spousal support award.
  • Length of Marriage. In most cases, the longer the marriage, the more likely a judge is to award spousal support, especially if one spouse does not have a career, a job, or even job skills.
  • Work.  In cases in which a spouse doesn’t work (i.e., stay at home mom/dad) or cannot work (i.e., physical/mental disabilities), a judge is likely to award spousal support. It may be granted as short term spousal support for some to give a party time to finish school, obtain a job, or even gain job skills to get one.
  • Age. An older party who has not worked during the marriage is more likely to require spousal support. However, if the other spouse is retired or living on a fixed income, it could weigh against awarding spousal support, especially if the other party is younger than retirement age.
  • Can the party pay spousal support? Even if spousal support is the correct directive, the judge will have to calculate how much the paying spouse can earn and how much they can pay, especially if the other party is making money.
  • Current living situation.  The judge can consider things like each spouse’s potential income and career prospects.
  • Health. A party’s health is especially relevant if it affects their ability to work and meet personal needs (i.e., physical/mental disabilities that require special attention.)
  • Other people to support? The judge has to consider if each spouse’s responsibility to support others affects factors such as their ability to work or their ability to pay spousal support.
  • Lives with someone else. The judge will consider if a party lives with someone else and how that affects their financial status.
  • Fairness. A judge needs to make a fair and reasonable directive when awarding spousal support and what amount to order.
Leave a reply