Spousal Support in Utah
The topic of spousal support or alimony may be as unpleasant as child support or custody in a divorce process. Divorcees with alimony problems should contact a St. George divorce lawyer immediately. Money is often the most problematic subject in a marriage and still is when a marriage ends. Many people believe they are entitled to more money from a former spouse, while others believe they owe nothing to their ex-spouse.
You need someone to fight for your alimony rights because you may not be able to adequately protect your interests without a lawyer. When one spouse was the primary income earner, a competent lawyer may be able to persuade a court to give alimony that is less than the other spouse’s whole wage.
How Do I Make a Request for Spousal Support?
Requesting spousal support is handled differently in each state. In general, you may file a petition in family court if you have the required legal documentation. Your county’s family law court representative may be able to assist you with the necessary documentation. If you and your husband are unable to agree on spousal support, a court will decide whether or not you are eligible. The judge will take into account a variety of criteria and examine each case individually.
How long is spousal support due?
How much financial support a dependent spouse receives depends on the capacity of the ex-spouse to pay, how long they have been married, or in some cases, what the state law mandates.
Most alimony is “rehabilitative,” meaning it’s only ordered for as long as the recipient spouse needs to learn and become self-sufficient. No termination date is specified in the divorce decision, therefore payments must continue until the court decrees otherwise.
Most awards expire with remarriage. If the receiver spouse is unable to work owing to age or health issues, the court may impose further assistance from the payer’s estate or life insurance profits.
When it comes to alimony, there are three main categories. The courts in your area may be able to accommodate you based on the state laws.
- Temporary Support While the Divorce Is Pending
It is possible for the non-earning spouse to require temporary alimony after the couple has separated, thus the court may order to give interim support that their divorce proceedings are ongoing.
- Short-Term and Rehabilitative Support
When marriages end abruptly, judges may issue a short-term alimony decree. The exact termination date of short-term support is specified in the court ruling. Support for rehabilitation is a kind of alimony aimed at supporting a spouse until he or she finishes retraining and has returned to work. The supporting spouse no longer has to provide alimony as soon as the ex-spouse has secured a job.
- Long-Term or Permanent Support
If the court determines that the dependent spouse will not be able to return to work and will need support continuously after a long marriage (usually at least 10 years), permanent support may be given. In Utah, the law mandates that the judge may order alimony only up to the number of years that the marriage lasted. So if the couple was married for 17 years, the support can last up to 17 years. Any extension will be at the discretion of the family court. However, If the spouse receiving alimony gets married again or is living with a new partner, the ex-spouse is no longer obligated to continue giving spousal support. However, if the supporting spouse remarries, alimony still remains an obligation.
What Factors Does the Court Consider When Making a Decision About Spousal Support?
Every significant aspect of your case will be taken into consideration by the court’s decision-maker. Factors that must be taken into account include:
- Self-sufficiency and time to find a job or get the skills necessary for employment;
- An individual’s quality of life after marriage;
- Time spent in a relationship;
- The reasons behind the divorce;
- The age of each party;
- The state of health and well-being of each participant;
Additionally, each party’s other financial obligations and resources, such as previous awards of child support, obligations to their respective spouses and rights to receive retirement benefits, and the taxability or non-taxability of their income, are taken into consideration when determining alimony payments.
An alimony payment may either be a one-time amount or it may be ongoing. When determining how much and for how long help is required, courts often take into account the unique circumstances of each of the parties involved.
What kind of spousal support am I eligible for?
Alimony payments are not set in stone. The amount of alimony and child support each spouse is able to afford depends on the amount of money they earn and how they can afford to maintain both types of support. In general, family courts consider:
- Each spouse’s monthly take-home pay
- Daily costs that aren’t out of control
- Whether or not the quality of lifestyle established during the marriage might be maintained by an alimony award after divorce.
Even if there isn’t enough money to get the divorced spouses back on the same financial footing as they were before their marriage ended, most courts will search for a method to divide the financial obligations equally.
What Happens If Spousal Support Isn’t Paid?
Failure to pay spousal support is a violation of a court order. Theviolator may be penalized with fines or jail time for contempt of court. The receiving spouse must prove the violation through a collection of bank statements that show the missed payments. All incomplete or late payments must be reported.
Employers may take spousal support from a spouse’s paychecks under-withholding agreements. The spouse is paid directly by the company. This is an excellent way to settle spousal support payments. Another possibility is to sue the non-paying spouse. Negotiation between the two parties may help avoid a lawsuit.
What Is the Process for Modifying or Terminating a Spousal Support Order?
One of the most prevalent grounds for spousal support termination is the death or remarriage of either spouse. If the receiving spouse is in a romantic connection with another individual, certain states enable alimony to be reduced, suspended, or terminated.
Support is terminated permanently if the payor meets one of the family law court’s automatic termination requirements. Proof of change in circumstances is required for a revision of the spousal support order. Each case is assessed independently.
Is it necessary for me to hire an attorney to help me with spousal support issues?
Because spouse support laws differ by state, it’s important to find out what your state’s position is on the subject. It is critical to get the services of a reliable local family law attorney in your state to assist you in creating a fair and equitable alimony support arrangement.
Get a Spousal Support Lawyer in St George, Utah
Our divorce lawyers have extensive expertise in obtaining, amending, and terminating spousal support orders and agreements. Our spousal support attorney will guide you through the procedure so that it is less complex from start to finish. We represent individuals who are seeking spousal support or who are facing overwhelming spousal support responsibilities. For a consultation regarding your case, call the experienced family law experts at Boyack Christiansen or contact us online. Learn how our experienced spousal support attorneys can help you through the court system in a timely and straightforward way.