How to Receive Alimony in Utah

Alimony can also be referred to as spousal support, which is the court-ordered allowance that one party pays to the other party for support while they are separated, in the process of getting divorced, or after they are divorced.

Either the husband or the wife may request the court for alimony. Alimony may be granted temporarily while the case is pending or for longer after the divorce has been finalized.

What Factors Do Utah Courts Utilize?

The Utah Courts may consider the following and other factors when determining whether to award alimony:

• The financial condition and needs of the party who would receive alimony. This encompasses the recipient’s monthly debts and obligations and their ability to pay these debts;
• The recipient’s earning capacity or ability to produce income. This includes past employment history, ability or inability to work, and income received from all sources, including passive income;
• Whether the paying spouse has the resources for spousal support payments. This includes income from all sources weighed against their debts and obligations. As a general rule, debts may not be incurred to defeat alimony;
• The duration of the marriage implies the number of years from the day on which the parties are legally married to the day on which the divorce petition is filed with the court. The longer the marriage, the stronger the case for alimony;
• Whether the recipient party has custody of minor children who require support;
• Whether the recipient was employed in a business owned or operated by the other spouse;
• Whether the recipient contributed to increasing the other spouse’s skill by paying for their education or by permitting them to attend school during the marriage;
• The court may consider the parties’ fault in determining whether to award alimony and its terms. “Fault” means any of the following conduct during the marriage that significantly contributed to the breakup of the marriage engaging in sexual relations with a person other than the party’s spouse;
• If either knowingly and intentionally caused or attempted to cause physical harm to the other party or a child;
• If either knowingly and intentionally caused the other party or a child to reasonably fear life-threatening harm; or substantially undermined the other party’s financial stability or the child.

Generally, in determining alimony, the court examines the parties’ living standards at the time of separation. In short marriages with no children, the court may consider the standard of living when the marriage started. Sometimes, the court will try to equalize the parties’ living standards.

How Can You Terminate Alimony?

The Utah Courts state that alimony automatically terminates upon the remarriage or death of the recipient unless the decree of divorce states otherwise. Also, Alimony terminates if the recipient begins to live with another person after the order for alimony is issued, but the other spouse cannot stop making alimony payments.

Furthermore, they must first prove the cohabitation to the court. Cohabitation translates to living together, or residing together regularly, in the same residence and a relationship of a romantic or sexual relationship.

A motion to terminate alimony for cohabitation must be filed no later than one year from the day the party knew or should have known that the former spouse has been living with another person. The party seeking the court to terminate alimony does not need to prove that the former spouse was cohabitating when they filed their motion to terminate alimony.

How Do Utah Courts Determine Alimony?

Utah has a defined list of factors, described in statutory law, that are legally mandated to be considered by a judge when alimony payments are being determined. These factors may be directly connected to the alimony calculation formula.

Utah considers marital fault when deciding on alimony payments. This means that “at-fault” divorces, which may be caused by adultery, abuse, etc., can result in the at-fault party paying more “punitive” alimony.

Moreover, the standard of living is considered when calculating alimony payments in the state of Utah. This means that a judge will evaluate the lifestyle enjoyed by the alimony-receiving spouse during the duration of the marriage when determining an alimony payment amount accordingly.

Furthermore, the judge in the state of Utah considers custodial status when determining alimony payments. This means that alimony calculations impact whether or not the receiving spouse has custody of the children, and custodial spouses may receive higher alimony payments.

Calculating alimony is completed on a case-by-case basis by the Utah family court judge responsible for the case. While some states have a fixed alimony calculation formula, in most cases, the final amount and duration of alimony awarded is at the judge’s discretion.

What is the Duration of Alimony in Utah?

A judge determines the duration of payments in Utah family court. Alimony length is usually based on the length of the marriage; one commonly used standard for alimony duration is that one year of alimony is paid every three years of marriage (however, this is only sometimes the case in every state or with every judge).

Maintenance, also known as alimony in some states, may also be discontinued upon the remarriage or cohabitation of the receiving spouse. In some cases, judges may even grant permanent alimony.

However, if alimony is unpaid, the owed debt is referred to as alimony arrears. Arrears can be collected via mediation, small claims court, or wage garnishment. Failure to comply with a court-issued spousal support order may also result in a contempt of court charge against the spouse who failed to pay owed alimony.

Moreover, a prenup agreement is a contract between spouses regarding marriage-related financial matters signed before marriage. The limitation of waiving rights to alimony is a frequent clause in modern prenuptial agreements, but some states or localities restrict such alimony waivers. The legal concept of alimony, otherwise known as spousal support, is dependent upon a legal marriage.

However, in some situations, especially those with a concept of common-law marriage, “palimony,” or support payments between non-married individuals, has been awarded by courts. However, this typically requires extenuating circumstances.

What is Alimony Mediation?

According to marital laws, when a marriage is terminated through a divorce and alimony is expected to be paid, spouses can determine an alimony agreement through litigation (in Utah family court) or mutual agreement.

More frequently, a Utah alimony mediator can be brought in to assist the ex-spouses in coming to a mutual agreement regarding alimony and other contested issues, such as property division, and thus avoid having to go to court.

Furthermore, on a side note, on a federal level, all qualifying Utah alimony payments are deductible by the payor and counted as taxable income by the recipient. The following must be true to qualify as alimony under IRS guidelines:

• The payments are in cash;
• The parties live in separate households;
• The payments are strictly for alimony (as opposed to for child support, etc.); and
• Taxation of alimony varies on a state and local level.

When Do I Need to Contact a Lawyer?

If you reside in Utah and have questions on how to receive alimony, do not hesitate to reach out to an Utah family law attorney to guide you through the process. Your attorney can provide the guidance and representation you need for your individual case matters.