Alimony lawyers in Bountiful, UT finding fair solutions in divorce
Alimony, also known as spousal support or spousal maintenance, is a payment ordered by the court in a divorce to be paid from one spouse to another, often to support the receiving spouse until he or she can become self-supporting. Alimonymay also be used to equalize the standard of living between the spouses, or even to punish one spouse for acts which led to the divorce. Whether requesting alimony in a divorce or arguing against it, the alimony lawyers in the Bountiful law office of Diumenti & Leger work hard to find an effective resolution to the issue, while always standing up for the client and making sure they are fairly represented in the process.
Utah Alimony Law And Factors
Alimony is not automatically awarded in every divorce; it must first be requested by one of the parties, and then the court must decide whether to grant or deny an award based upon a number of factors. This is where your alimony lawyers come in. The court does not determine these factors on its own but instead relies on the evidence presented and argued by the spouses through their attorneys. The divorce attorneys at Diumenti & Leger thoroughly prepare a convincing case to guide the court toward the proper decision concerning alimony.
Although traditionally alimony was paid by the husband to the wife, today the court can order either the husband or the wife to pay alimony to the other. What matters more is which party has a need to receive support based upon the Utah alimony factors. These factors include, among other things:
- The financial needs and condition of the party requesting alimony, including monthly debts and obligations and ability to pay these expenses
- The income earning capacity of the party requesting alimony, based on prior employment history, ability to work and other sources of income
- The ability of the paying spouse to afford the payments, considering the spouse's income versus expenses
- The length of time the marriage lasted, with a longer marriage lending more weight in favor or granting alimony
- If the party requesting alimony has custody of children who are in need of support
- If the party requesting alimony worked for the other spouse's business, which would have provided a benefit to the paying spouse
- If the party requesting alimony paid for the other spouse's education or if the marriage was otherwise arranged so that the paying spouse could attend school during the marriage, providing a benefit to the paying spouse
How long does alimony last?
Alimony may be awarded as a temporary order during the divorce proceedings and/or for a period of time after the divorce has been granted, but rarely for a period of time that is longer than the time the marriage lasted. An alimony award can be terminated early if the recipient remarries or dies, or if it is proven in court that the recipient is cohabitating with another person.
How much alimony can be awarded?
There is no formula used by the court to determine a monthly or total alimony amount. Usually, the court looks at the standard of living of the couple at the time they separated. If the marriage was particularly short and no children are involved, then the court may use the standard of living at the start of the marriage as a guide. Alimony may be used to keep the receiving spouse at the same standard of living, or to equalize the standard of living between the divorcing spouses if it would be significantly different post-divorce.
Get Help Today From an Effective Alimony Lawyer in Bountiful
An alimony award can have a significant impact on your financial situation from the time the petition for divorce is filed until long after a final divorce decree has been entered. Get help from a knowledgeable alimony lawyer in Bountiful who can effectively represent your interests in court. For help in any Davis County divorce matter, contact Diumenti & Leger.