Alimony is money that one spouse pays to the other for support during the divorce process or for some period of time following a final divorce. Courts generally require the higher earner whether that is the husband or the wife to assist the lower earner in maintaining the marital lifestyle for at least some period of time following a divorce. Types of Alimony
Factors in Need and Ability to Pay The court begins making decisions on a request for alimony by considering the facts of the case to determine whether the spouse requesting alimony meets the standard to show the alimony is necessary. If there’s a need for alimony, the court has to also determine whether the other spouse has the ability to pay. Unless there are some kinds of exceptional circumstances, a court won’t award alimony if it would leave the paying spouse with significantly less net income than the recipient. A judge who finds both need and ability to pay next must consider all relevant factors in deciding what type of alimony to award and for how long. These factors include:
A court may also consider whether either spouse committed adultery during the marriage, and under what circumstances. Courts are most likely to take adultery into account when one spouse’s affair caused the other financial harm. For example, if one spouse bought lavish gifts for a paramour using marital funds, the court might factor that into the alimony award. Utah law applies certain presumptions with regard to length of marriage and eligibility for permanent alimony. Following a marriage of at least 17 years, a judge may award permanent alimony if such an award is appropriate in light of the above factors. After a marriage of between 7 and 17 years, there must be clear and convincing evidence of appropriateness to justify the award. After a marriage of less than 7 years, permanent alimony is appropriate only in exceptional circumstances. A marriage lasts until the spouses actually file for dissolution, not when they informally separate or stop living together. Modification or Termination Unless the spouses have made a specific written agreement about when alimony ends or under what circumstances it can be modified, when and how an alimony award can be modified depends on the type of alimony.
Both durational and permanent alimony end automatically if the recipient remarries or if either spouse dies. A court can also modify or terminate an award of permanent alimony if the recipient lives with an unrelated person in a supportive relationship. The spouse asking for a modification on this basis must prove the supportive nature of a relationship. The court will find consider the following:
Requirements For Alimony There are certain requirements for Alimony, or spousal support, which is something given to one ex-spouse by the other ex-spouse in the form of monetary support. It’s meant to provide the spouse that doesn’t make as much money with the money for living expenses over and above what is also provided by the higher income spouse in the amount of child support, if child support is provided. A judge will determine how much if any money is going to be provided by one spouse to the other. Several factors go into play as the judge makes his or her determination.
If you file a joint tax return with your ex-spouse, you can’t claim alimony as a tax deduction for that year. You and your ex-spouse can’t live together and call any support you pay alimony. And even live in separate quarters within the same residence, by the way. You must have separate quarters under different routes. When the marriage ends, many women look to cash in that insurance policy in the form of alimony. There are always things men can do to reduce or even eliminate alimony. You can win alimony battles if you use a proven strategy and know how the game is played; often without going to court. With a good strategy, it’s possible to negotiate your alimony down to zero! A spouse may have to pay spousal support if such payment meets one or more of the main purposes of spousal support set out in the Divorce Act. They are:
At the same time, spouses who receive support have an obligation to become self-supporting where reasonable. When a married couple divorces, either spouse can ask for spousal support under the Divorce Act. In most cases, spousal support is requested by the spouse with the lower income. In each case, a judge must consider several factors to determine if spousal support should be paid, including:
When ordering spousal support, the courts will apply either the Divorce Act, which is a federal Act, or the Family Law Act, which is specific. The objectives of each act are similar, and include:
These Acts state that spousal support should not be a factor in awarding spousal support. The payment of support is not intended to be a form of punishment. When the courts determine if spousal support is appropriate to order, they take into account several factors. For example, these factors include:
The above factors are taken into account in all cases. If the couple is not applying for spousal support as part of a divorce, such as when applying after the end of an Adult Interdependent Relationship, the Family Law Act will apply. In that case, the court takes into account the following additional factors into consideration when making a ruling:
Both the Divorce Act and the Family Law Act give child support a higher priority than spousal support. If a spouse cannot afford to pay both, it is the spousal support amount that the courts decrease. At the same time, child support is not a replacement for spouse support. Alimony Attorney Free ConsultationWhen you need help with alimony or spousal support in Utah, please call Ascent Law at (801) 676-5506 for your Free Consultation. We want to help you.
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