Alimony

Factors in Determining Alimony

The court can take many factors into account in its determination of Alimony payments, but most decisions are based on the following factors:

–  The length of the marriage
–  The need of one spouse and the ability of the other to pay
– Whether one spouse helped the other to reach career goals or education
– The need to maintain the same standard of living that existed at the time of the separation, especially if there are children involved

The divorcing parties may also make their own agreement as to the amount of alimony or even waive alimony based upon their own negotiations and the court will uphold their wishes.

Alimony is a serious subject when it comes to divorce in Utah. Since Utah has not adopted a specific calculation on how to figure out how much alimony should be the value of a divorce lawyer becomes even more essential. When arguing about alimony in your divorce case it is important to put forth evidence of major factors the court considers important and necessary.  Some important considerations the court will look at and consider include:

1. The financial condition and needs of the spouse claiming support. You must establish a need if you hope to get alimony. Our divorce lawyers can explain how this is accomplished after an assessment of your needs and bills.
2. The ability of the spouse to provide sufficient income and support for him or herself. The divorce courts will consider your degrees or any occupational training you have in considering alimony.
3. The ability of the responding spouse to provide the support. If you are seeking alimony in your divorce case you must show that the other spouse has the ability to pay for your needs. This is where it also becomes important to conduct proper divorce discovery in order to have a true assessment of the financial condition of your marriage.

For more information about Utah Alimony Laws, click here.