If you are about to go through a divorce in the state of Utah, you may be wondering what alimony is. How can alimony affect your divorce process? Depending on the circumstances of your marriage and other factors, you might have grounds for receiving spousal support from your spouse.
The Difference Between Alimony and Spousal Support
In Utah, alimony and spousal support are two different things. Alimony is the term used when one spouse provides financial support to another after a divorce. Spousal support, on the other hand, is the term used when one spouse provides financial support to another during a divorce.
There are a few key differences between alimony and spousal support. First, alimony is typically paid in monthly installments, while spousal support is typically paid in lump sums. Second, alimony is usually paid for a set period of time, while spousal support is usually paid until the receiving spouse remarries or dies. Finally, alimony is typically tax-deductible for the paying spouse, while spousal support is not.
If you are going through a divorce in Utah, it is important to understand the difference between alimony and spousal support so that you can make the best decision for your situation.
Who Pays Alimony in Utah?
In Utah, the court may order one spouse to pay alimony to the other spouse after a divorce. The amount and duration of alimony will be based on a number of factors, including the length of the marriage, each spouse’s income and earning potential, and each spouse’s contribution to the marriage.
The court may also consider any financial resources that each spouse has available, including property and investments. In making its decision, the court will strive to create an economic partnership between the parties that is as close as possible to the economic partnership they enjoyed during the marriage.
Alimony payments may be made in a lump sum or in periodic payments. Periodic payments are usually made on a monthly basis but can be made more or less often if agreed to by both spouses. Alimony payments are typically paid by wage assignment, which means that they are deducted from the paying spouse’s paycheck and sent directly to the receiving spouse.
If you have been ordered to pay alimony in Utah, it is important to make your payments on time. If you fail to make a payment, you may be held in contempt of court. This could result in fines or even jail time. If you are having difficulty making your alimony payments, you should contact your attorney or the court as soon as possible to discuss your options.
Alimony as an Award for Temporary Spouses
In Utah, alimony is typically only awarded to spouses who are married. However, there are some circumstances in which a court may award alimony to a temporary spouse.
A temporary spouse is someone who is not currently married but was married at some point in the past. If the spouse needs financial assistance to maintain their standard of living, the court may award it temporarily.
There are several factors that a court will consider when determining whether or not to award alimony.
- The length of the marriage.
- The standard of living enjoyed during the marriage.
- The earning capacity of each spouse.
- The age and health of each spouse.
- The ability of each spouse to find employment.
- The contribution of each spouse to the marriage.
- The court will also consider any other relevant factors when making its decision.
How to Request Utah Spousal Support
If you are considering filing for divorce in Utah, or if you have already filed and are awaiting a decision, you may be wondering about alimony. Specifically, you may be wondering how to request Utah spousal support.
The first step is to file a Motion for Separate Maintenance and Spousal Support with the court. This motion must be filed with the court in which your divorce action is pending. If you do not have an active divorce action, you will need to file a petition for divorce along with your Motion for Separate Maintenance and Spousal Support.
In your Motion for Separate Maintenance and Spousal Support, you will need to set forth the reasons why you are requesting spousal support. The court will consider many factors when determining whether or not to award spousal support, including but not limited to:
– The length of the marriage
– The financial resources of each party
– The age and health of each party
– The earning capacity of each party
– The standard of living established during the marriage
– The education and employment skills of each party
– The contributions of each party to the marriage, including but not limited to childrearing, homemaking, education, and career building
Getting Help From A Divorce Attorney
We have a team of experts available to help you with any questions you may have about the divorce process. They can walk you through child custody negotiations or legal separation if divorce is not the best solution for your situation. Our legal professionals will work hard to get you the best settlement possible.