Determination Of Spousal Support – Utah Alimony Laws
A divorce in Salt Lake City will not automatically end with an order concerning the payment of alimony. Either spouse may request to receive spousal support, and there is no presumption that alimony will be awarded to the wife or the husband. Under the provisions of Utah Code §30-5-5.8, there are several factors that will influence the judge’s decision to award or deny a request for alimony payments.
Factors that influence spousal support according to Utah alimony laws include:
- The financial requirements of the recipient, including debts and living expenses
- The earning capacity of the recipient based on the individual’s work history and ability to work
- The ability of the paying spouse to sustain alimony payments, with consideration of both income and liabilities in the form of debts and living expenses
- How long the parties have been married
- Which parent will receive child custody
- Whether the party who is requesting alimony previously worked in a business owned or operated by the other party
- Contributions that the recipient made to the career of the paying spouse in the form of financial support during education
The goal of alimony is to provide the recipient with the necessary financial support to ease the transition from economic dependence during marriage into financial self-sufficiency, while also making it possible to continue to enjoy an acceptable standard of living. It is important to note that the duration of an alimony award cannot extend longer than the length of time that the parties were married, under most circumstances.
It is sometimes possible to obtain a formal modification of the court orders concerning payment of alimony, whether you cannot continue paying the amount you are now paying or if you need to increase the amount that you are receiving. The court will not approve the request for a spousal support modification unless you can supply adequate grounds of the necessity of the change, and modifications are only available when there has been a material shift of circumstances that was unforeseeable at the time of the divorce.
Alimony Enforcement In Salt Lake City
If the spouse who has been ordered to pay alimony falls behind on the payments or simply refuses to continue paying, the recipient may file a motion in court requesting the judge to enforce the order. The result could be the issuance of a judgment in favor of the recipient, which may be used to obtain a wage garnishment or a lien on property, or the paying party may even be charged with contempt of court and subjected to penalties, including fines and time in jail.
Utah Alimony FAQ
In a divorce, alimony definition is the term used to describe the financial support that one spouse pays another. This is a legal obligation that is typically assigned during the divorce proceedings.
For those wondering whether or not alimony is taxable, it typically is. Anyone who is receiving alimony needs to report this as taxable income when they file their taxes every year. Furthermore, for people wondering, “is alimony tax deductible,” it typically is. Anyone who is paying alimony should be able to deduct this on their taxes. Finally, any voluntary payments made between spouses outside of the alimony obligation is neither taxable nor tax deductible.
Alimony in Utah can be a complicated process and calculation. In general, if the judge orders that alimony is necessary, one spouse will need to issue a monthly payment to the other spouse until either a date that has been set in the future or until the spouse remarries.
When alimony is ordered, a date is set by the judge. At this date, the alimony payments are re-evaluated. If the other spouse has become self-sufficient, the payments might be reduced or stopped altogether. Also, if the other spouse remarries, this also might be a reason for the payments to stop.
Alimony calculations will vary from state to state and from judge to judge. There are numerous factors involved in the Utah alimony calculator. Some of these include the income of each spouse, the presence or absence of children, and the length of the marriage. In some cases, the recipient spouse may wish to remain financially independent and could waive the spousal support.
Temporary alimony is typically issued to the dependant spouse to receive continued support while the divorce is pending so they have money to take care of his or her divorce needs. Temporary alimony often expires once the final divorce orders are issued. It is important to rely on a Utah alimony attorney to make sure that this type of alimony is fairly issued.
Transitional alimony is also temporary but it differs in that it is issued when the final divorce orders are placed and not while it is pending. This type of alimony is issued so that the other spouse can receive the education necessary to find a job and become self-sufficient. This type of alimony is often removed after a set period of time or changes when a permanent alimony order is issued.
Permanent alimony is payments that are to be issued until the judge says otherwise. Either party can petition to change this alimony if they feel their circumstances have changed.
Under Utah alimony laws, there are a few reasons why alimony might not be awarded. These include that the marriage was only for a short period of time, the income of the spouses is equal, the paying spouse doesn’t have the money to pay alimony, or that the judge feels there isn’t any need for alimony.
Schedule a Legal Consultation with an Award-Winning Salt Lake City Spousal Support Attorney
The outcome of the question of alimony could easily determine your ability to enjoy an acceptable standard of living and to move on from your divorce without being subjected to financial hardship. Don’t take any chances with your case. Hire a Salt Lake City divorce lawyer with a proven track record of success. Contact us at the Law Office of David Pedrazas for a Case Evaluation to learn more about how we can help you understand Utah alimony laws and to take the first steps in your alimony case.