Alimony is payments made to a former spouse after the termination of the marriage, sometimes referred to as “maintenance payments” or “spousal support”. Alimony may be required during the divorce process and there are number of factors that impact how long payments will be required and the size of the payments. These payments are separate from any payments made for child support due to the circumstances of child custody.
When deciding if alimony payments are appropriate, and the amount/length of the payments, a Utah court will consider the following:
The court may also consider the fault of the parties for the divorce in determining whether to award alimony. Utah recognizes that, “fault" means any of the following conduct during the marriage that substantially contributed to the breakup of the marriage:
There is no statutory limit as to the maximum amount of alimony that you can receive. The courts will consider the factors listed above when deciding the amount of alimony to be received. Furthermore, a Utah court will also consider the standard of living the couple enjoyed during the marriage.
While there is no statutory maximum, an alimony payment schedule that is abusive or outside the authority of the court may be voided upon appeal to a superior court.
Utah caps the length of time that alimony can be mandated. Unless there are special reasons for a longer period, alimony may not be ordered for a period longer than the length of the marriage. Furthermore, alimony will automatically terminate if the receiving party:
However, a spouse cannot just stop paying alimony. They must first establish one of these events with the court first.
The alimony petition process is done through the court system. There are numerous rules and regulations surrounding alimony in Utah and therefore it is so important to have an experienced and dedicated Utah alimony lawyer working for you. Failure to properly or timely file can lead to having your petition for alimony payments denied or limited.
If you are having trouble receiving alimony or want to petition for alimony, then contact a local Utah family lawyer today to discuss your rights and options under Utah divorce law.
Last Modified: 05-12-2017 02:24 PM PDTLaw Library Disclaimer
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