Paying For Child Support And Alimony In Utah
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Generally, in determining alimony, the court considers the parties' standard of living at the time of separation. In short marriages with no children, the court may consider the standard of living when the marriage began. Sometimes, the court will try to equalize the parties' standards of living.
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.
How Much Alimony Does a Wife Get in Utah? In Utah, the maximum alimony award a recipient spouse can receive is the amount of their "demonstrated need." Alimony is usually around 40% of the paying party's income.
With that said, the general rule, even for short-term marriages, is 50/50 division. However, in some very short-term marriages, the courts may put spouses back into the financial position they were in before the marriage – that is, each spouse gets the asset that belonged to him/her at the beginning of the marriage.
Some reasons why an ex-spouse might not be entitled to receive alimony include: The ex-spouse does not meet the legally required level of financial need. You are not financially able to provide alimony to your ex-spouse. Your ex-spouse is at fault for the divorce, due to having an affair or another cause.
Child support is never deductible and isn't considered income. Additionally, if a divorce or separation instrument provides for alimony and child support, and the payer spouse pays less than the total required, the payments apply to child support first. Only the remaining amount is considered alimony.
Utah courts consider various factors, including the length of your marriage, financial resources, and each spouse's contributions when deciding if one of you qualifies for alimony. It's common to award alimony in long-term marriages, but things can get complicated, making it necessary to seek legal help.
Misconduct: Certain behaviors can also lead to the disqualification of alimony. For instance, if a spouse is found to have engaged in financial misconduct, such as hiding assets or failing to disclose financial information during the divorce proceedings, this can result in disqualification.
