Alimony/Spousal Support Attorney in Salt Lake City, Utah walllegalsolutions.com/practiceareas/alimony-spousal-support-attorney-in-salt-lake-city-utah.html
Alimony Awarded in Divorce Proceedings Utah, like many other states, still provides that alimony, or spousal support, may be paid by one spouse to the other in the event of divorce. The concept of alimony stems from the fact that in some situations, one spouse may be economically disadvantaged as a result of the termination of the marriage. Over the years, the factors the court must consider in awarding alimony have changed and expanded to the point where those factors have been codified and are contained in Section 30-3-5(8) of the Utah Code which are: 1. The financial condition and needs of the recipient spouse; 2. The recipient’s earning capacity or ability to produce income; 3. The ability of the payor spouse to provide support; 4. The length of the marriage; 5. Whether the recipient spouse has custody of minor children requiring support; 6. Whether the recipient spouse worked in a business owned or operated by the payor spouse; 7. Whether the recipient spouse directly contributed to any increase in the payor spouse’s skill by paying for education received by the payor spouse or allowing the payor spouse to attend school during the marriage.
Factors in Awarding Alimony
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In divorce litigation, each one of these factors can be, and usually are, hotly contested issues. Other than child custody, there is probably no other issue that is more emotionally charged than is alimony. This is due in part to attitudes, feelings, and emotions by one spouse that he or she should no longer be required to financially provide for and support their former spouse and those of the other spouse who believes and feels that they have a legitimate need and, to a certain degree, an entitlement, to alimony.
Utah Courts’ Approach To Alimony Decisions The courts have broad latitude and discretion in deciding whether and to what extent alimony may be awarded. In fact, the applicable statutes provide that the courts shall consider all relevant facts and equitable principles and may award alimony based upon the standard of living which exists at the time of trial. In some situations, the court may actually “equalize” the parties’ standard of living by equally dividing the incomes and awarding alimony accordingly.
Fault in Divorce Under Utah law, in determining whether to award alimony, how much, and the duration of payments, the court can consider the issue of fault in a divorce. Fault refers to any form of wrongful conduct while the individuals were married that caused or contributed substantially to the dissolution of the marriage. Examples of fault include: Intentionally causing one’s spouse or a child to have a reasonable fear of being harmed or killed. Intentionally causing or trying to cause physical harm to one’s spouse or a child. Habitually being intoxicated from alcohol or using illegal drugs. Participating in sexual activity with someone other than one’s spouse. Engaging in financial fraud or other unlawful activity. Significantly upsetting the financial stability of one’s spouse or a minor child.
Equalizing the Parties’ Standards of Living Depending on the particular circumstances of the case, the court may order alimony with terms that serve to equalize the standard of living of the two parties. For example, perhaps a couple is in the divorce process while one spouse will soon receive a major job promotion due to earning an advanced academic degree that both spouses worked to make possible. Especially if the couple has been married a long time, the judge might decide alimony terms and divide the marital assets in consideration of the pending income increase.
Restoring Both Parties to Their Pre-Marriage Condition In the case of a brief marriage during which no children have been conceived or born, the court may award alimony with terms that restore both parties to their pre-marriage financial condition.
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Tax Considerations In Alimony Decisions There are tax consequences for both of the spouses in cases where alimony is awarded. Generally, the spouse who receives alimony must report it as taxable income and pay the applicable income tax on the monies he or she receives. The paying spouse actually derives a tax benefit in that he or she may claim the paid alimony as a deduction which reduces their adjusted gross income. This deduction is found on Line 31a of the Form 1040 income tax return.
How Long Do Alimony Payments Continue? A common question that is usually asked is “how long do I need to pay alimony?” Under Utah law, alimony may not be awarded for a term longer than the duration of the marriage. The court has the discretion to award alimony for a shorter term. In the event the parties work out a settlement of their case through mediation or otherwise, this factor is often a point of negotiation. The court also has the discretion to extend the term of alimony in the event of extenuating circumstances. This may happen in cases where the spouse receiving alimony suffers or becomes inflicted with a disabling illness or disease. Despite the term or duration of alimony ordered by the court, alimony automatically terminates upon the death or remarriage of the spouse receiving it. In addition, alimony may be terminated if the paying spouse can establish to the court’s satisfaction that the receiving spouse is cohabitating with another person.
The Jurisdiction of Courts In Alimony Cases
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As with other issues in a divorce case, the courts retain what is called “continuing jurisdiction” over the case. This means the court can come back at any point after the divorce is granted and modify certain provisions of the Decree of Divorce, including the provisions relating to alimony. Generally, in order for a spouse to seek a modification of the alimony award, they must prove there has been a substantial material change in circumstances that were not foreseeable at the time of the divorce. The “foreseeability” of the changed circumstances has been the subject of much litigation. However, the court retains the authority to reduce or terminate alimony in cases where the recipient spouse experiences a significant increase in his or her income and standard of living which eliminates the need for alimony. Also, if the paying spouse suffers a significant downturn in his or her income due to job loss, illness or retirement, that spouse may petition the court to reduce or terminate his or her alimony obligation.
Alimony Modification Attorney in Salt Lake City, Utah By hiring an expert alimony attorney in Salt Lake you will get the best alimony award that meets your needs as either the father or mother; there are many things that you can do to make certain that award truly reflects what it should be.
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