Divorce Alimony in Utah

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Points considered by court to determine Divorce Utah Alimony

• The duration of marital life: If this duration is more, the possibility of the award of alimony is proportionately more
• The capacity of the payer to disburse the money: The income received from all possible sources by the payer and the obligations and debts incurred by the payer are taken into account
• The earning capacity of the recipient: This comprises of income available from all sources, previous employment record, inability or ability to work, passive income received etc
• The economical situation and requirements of the recipient: The court considers the monthly obligations and debts that are due to the recipient and the presence of funds to disburse these payments
• The standard of living that was present during separation is taken into account. If the marital life was of a brief duration and no children were born during marital life, then the court considers the standard of living that was present when marital life commenced. In certain cases, the courts attempt to equalize the standards of living of both spouses
• The fault of either spouses in marital life

Characteristics of Divorce Utah Alimony

• The court never grants alimony for duration longer than the duration of marital life. An exception to this rule is when prior to termination of spousal support, the court detects explanatory conditions that justify that alimony should be disbursed for a longer duration
• The courts have continued jurisdiction to effect considerable alterations about spousal support on the basis of considerable material changes in the conditions of the spouses that cannot be foreseen when the divorce was granted
  • The courts are empowered not to alter alimony orders or issue new orders to handle the requirements of the recipient that were absent when the original decree was entered. An exception to this rule is when the court finds explanatory conditions that justify changes
• If the spouse disbursing alimony payments establishes that the recipient of these payments is cohabitation with another person, then the order of the court to pay alimony ceases to exist
• If the recipient of alimony remarries, the order of the court to disburse alimony automatically terminates, except when the decree of divorce specifically states otherwise. Let us assume that further the remarriage gets annulled and is found to be void ab initio. In such circumstances, the payment of alimony resumes. The only condition is that the payer spouse must be made a party to the action of annulment and this payer's rights must be determined
• If the payer of alimony remarries, the income of this subsequent spouse may not be taken into account by the court, unless the following circumstances exist
  • The improper conduct of the payer justifies the consideration
  • The court desires to consider the financial capacity of the subsequent spouse to share living expenditures

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