This is a generic Affidavit to accompany a Motion to amend or strike alimony provisions of a divorce decree on the remarriage of the plaintiff former spouse. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Utah Affidavit of Defendant Spouse in Support of Motion to Amend or Strike Alimony Provisions of Divorce Decree on Remarriage of Plaintiff
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How to fill out Affidavit Of Defendant Spouse In Support Of Motion To Amend Or Strike Alimony Provisions Of Divorce Decree On Remarriage Of Plaintiff?
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FAQ
The statute of limitations for an action on a judgment in Utah is eight years. See Utah Code Section 78B-2-311. If a person has a judgment against their ex-spouse in a divorce matter, they will want to collect on it before the expiration of the eight year statute of limitations.
Alimony is not usually ordered in Utah for a period that exceeds the time length of the marriage. There are exceptions in some cases in which the court determines that there are good reasons to order alimony for a longer period.
To protect under- or unemployed spouses, the court may award alimony, which is a court-ordered payment from a higher-earning spouse to the other during the divorce process and often, for a period after.
Under Utah 30-3-1, this happens when a spouse leaves the marital home without justification, does not communicate with the other spouse, has no intention of returning, and stays away for at least one year.
A court may modify or stop your alimony payments whenever they have reason to believe that there have been substantial changes in your or your ex's circumstances after your divorce.
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.
If you want the court to change your decree you must show that there has been a material (important) and substantial (major) change in circumstances since the divorce decree was issued. The change could involve one or both parties or any children from the marriage.
So, the takeaway here is that the court has the discretion to determine what a short-term marriage is and whether to grant alimony, but the cut-off is somewhere around 5-8 years or so. Our experience is that a spouse in a marriage lasting less than five years will not typically be granted alimony at trial.