Salt Lake City, United States – August 27, 2019 / Arnold Wadsworth & Coggins /
There’s been much talk recently, due to high profile divorces, of what each party is obliged to provide each other following a divorce. Spousal support, also known as alimony, consists of court-directed payments from one spouse to another after all marital property has been distributed to both spouses.
During cooperative divorces, both parties may come to their own agreement regarding who pays how much. With litigated divorces, the court considers factors such as the requesting spouse’s need for support and the financial ability of the other spouse to provide it.
Other considerations include:
- The financial status and earning capacity of both spouses
- The length of the marriage
- The family’s standard of living
- Which parent has custody of any minor children
- Contributions to the marriage
- Marital debts and obligations
In Utah divorces, the court may also take fault into account when determining how much spousal support to order.
When asked “Who is eligible for spousal support?” Matt Wadsworth of Arnold Wadsworth & Coggins said, “Historically, spousal support was granted primarily to women, as social expectations kept them at home and limited their prospects in the workforce. Now that times have changed, both men and women are eligible to receive alimony. Utah courts will likely order the spouse with the higher income to support the other if the latter will be compromised economically by the divorce.”
How Long Does It Last?
Many people who are considering the consequences of divorce will take this in to account and become curious to know how long spousal support lasts. In certain cases a spousal support award is only temporary, lasting only until the divorce is finalized or for a certain number of years. In Utah, the support duration may not exceed the number of years the marriage lasted, unless there are special circumstances such as disability. The judge may also require that the spouse being supported make an active effort to work full-time or seek a job with a higher salary.
If the receiving spouse marries again or dies, the alimony obligation automatically ends. The payments can also be stopped if that spouse moves in with a new companion, but the process is not automatic. The paying spouse must first prove to the court that his or her ex is now in a new relationship and is cohabiting with the new person.
The ideal arrangement is for both parties in the divorce to negotiate their own alimony terms, but this is not always possible. In either event, an experienced Utah divorce attorney can help protect one’s financial security by advocating for a fair alimony award.
For readers who are planning to divorce in Utah and spousal support is expected to be a post-divorce obligation, contact the family law attorneys of Arnold Wadsworth & Coggins today. They help families address and resolve the financial challenges in their divorce, so that each parties rights are protected and their future is brighter.
Contact Information:
Arnold Wadsworth & Coggins
465 South 400 East Ste 100
Salt Lake City, UT 84111
United States
Matt Wadsworth
(801) 503-0015
http://arnoldwadsworth.com