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Alimony Law

Alimony Law in Utah

Alimony, also known as spousal support, can be just as important in a divorce matter as custody of the children. Some of my most litigated cases have been about the issue of alimony. In Utah, there are a variety of statutory factors that the court must consider when determining an alimony award. Needless to say, the judge has a great amount of discretion when deciding upon the amount of alimony to award, or even whether it will be granted at all. Therefore, you need an attorney that understands both the law and the “numbers”. With my degrees in both law and accounting, I can help build a strong case that supports your alimony goals. I have a long track record of helping my clients with their alimony cases.
Call My Office For Help With... 
  • Establishing an Alimony Award
  • Defending Against a Request for Alimony
  • Modifying an Alimony Award
  • Collecting an Alimony Award
Alimony Law Basic Information

Alimony is a legal obligation imposed upon one spouse in a separate maintenance action or divorce action to provide financial support for the other spouse. Through an alimony award the court can require that one ex-spouse continue to provide financial support to the other ex-spouse so that the alimony recipient can maintain the standard of living (or close to that standard of living) that the ex-spouse enjoyed during the marriage.

Utah has no fixed formula for determining how much alimony should be paid and for how long. In Utah, alimony may be ordered to last for a period equal to the entire length of the marriage. In other cases, alimony may be ordered for a period shorter than the marriage (in some cases a much shorter period), with the court awarding the alimony recipient alimony long enough to help the recipient get education or job training with the goal of the alimony recipient becoming financially independent and able to support himself/herself.

Factors to be considered in determining an alimony award are found in Utah Code § 30-3-5(8):
  • the financial condition and needs of the recipient spouse;
  • the recipient’s earning capacity or ability to produce income, including the impact of diminished workplace experience resulting from primarily caring for a child of the payor spouse;
  • the ability of the payor spouse to provide support;
  • the length of the marriage (alimony is more likely to be awarded in divorce cases where the parties have been married around 10 years or more (but even in very short marriages alimony can be awarded, but alimony awarded at the end of short-term marriages is rare and exceptional);
  • whether the recipient spouse has custody of a minor child requiring support;
  • the fault of a party or of the parties in determining whether to award alimony and the duration of the alimony award.
As a general rule, the court looks to the standard of living, existing at the time of separation, in determining alimony; however, the court must consider all relevant facts and equitable principles and may, in the court’s discretion, base alimony on the standard of living that existed at the time of trial. In determining alimony when a marriage of short duration dissolves, and no child has been conceived or born during the marriage, the court may consider restoring each party to the condition which existed at the time of the marriage.

Helping You Navigate Alimony Cases

I am well-versed in alimony law, its implications for your case, and other legal principles that affect alimony so that, whether you are the payor spouse or the recipient spouse, you can craft the best possible settlement option or trial strategy. I can also help you modify an alimony award if your circumstances have changed since entry of the prior order. Call me today and lets discuss questions that you have regarding alimony in Utah.

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