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.
Consult A Salt Lake City Spousal Support Attorney Lawyer
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 free 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.