Working to Secure Fair Spousal Maintenance Outcomes for Our Clients
When most couples get married, they aren’t planning for an eventual divorce. This is what makes the end of a marriage so tricky. Even if the writing is on the wall, few people are prepared for the legal implications of a marital dissolution. One element of this process that surprises many is alimony — sometimes referred to as spousal support or a maintenance award. If you need help understanding this issue or securing a fair outcome, a South Jordan alimony attorney may be able to help.
At RCG Law Group, you’ll work directly with a Utah family law attorney who is committed to reaching a favorable result on your behalf. Every alimony case is different, and many of the assumptions that people have about this form of support are inaccurate. Unfortunately, an unfair court order can be difficult to overturn once it’s in place. This is why working with a South Jordan alimony lawyer is always in your best interest when going through a divorce.
Who Has to Pay Spousal Support in Utah?
One of the primary myths about spousal support is that the man in a relationship is the one who has to pay for it. In reality, alimony orders are gender-neutral — at least in Utah. In most cases, these decisions will instead be based on each party’s earning capacity and any expected financial changes after a divorce. For instance, if one former spouse chose to stay home for parental obligations while the other built a successful career, the courts will likely order payments to go to the stay-at-home parent.
In the modern world, this could mean the ex-husband or ex-wife will face a spousal support order after a divorce. Once an alimony award is decided by the courts, a judge will typically issue an order requiring the paying spouse’s employer to deduct the proper amount from their paycheck and forward it to the court. However, it’s always beneficial when parties can reach a financial support agreement via negotiation rather than litigation.
An alimony lawyer in South Jordan may be able to help with this process, and if negotiation isn’t possible, it’s important to have a legal advocate by your side in court. Contact our law firm today.
What Determines the Utah Alimony Payment Calculation?
Many people spend hours searching “Utah alimony calculator” online to better understand what a final spousal support order might look like. Unfortunately, no one-size-fits-all calculation can help determine a judge’s decision. That’s because courts realize that every divorce is different, so a variety of factors are accounted for when calculating a spousal maintenance payment. These include:
- The financial situation of both parties
- The financial needs of the supported spouse
- How long the marriage lasted
- The ability of the paying spouse to provide support while remaining financially independent
- The receiving spouse’s earning capacity and ability to work
- Who is the custodial parent, and whether they receive child support
- Did the receiving spouse contribute to the paying spouse’s earning capacity (e.g., paying for job training or education)
- Whether one spouse was employed by the other spouse
While all these considerations are critical, it’s important to remember that alimony is meant to ensure you and your ex-spouse are able to maintain your marital standard of living. There will clearly be changes following a divorce. After all, parties often lose half their marital property and have to alter their lives completely. However, alimony attempts to keep the standard of living as close to what it was at the time of divorce.
Clearly, this can be a complex issue. Call our law office today to schedule a consultation with a spousal support attorney in South Jordan. We’re here to help.
Are There Different Types of Alimony in Utah?
When discussing spousal support payments, you’ll hear a lot of different terms thrown around. You might hear about “lump sum alimony,” “rehabilitative alimony,” “reimbursement spousal support,” and a variety of other categories of maintenance orders. However, the two important types of alimony in Utah to remember are temporary alimony and permanent alimony.
While these terms may seem straightforward, they’re not actually as simple as they might sound. Temporary maintenance is certainly temporary, but it only lasts during divorce proceedings. Once a divorce is finalized, the order ends. This is when a permanent spousal maintenance order can be issued. However, this is rarely actually permanent. In Utah, alimony will typically only last as long as the length of a marriage.
There are some exceptions to this, so it’s important to speak with a spousal support lawyer in South Jordan to better understand what you’re up against.
How to Get an Alimony Order Modification
A temporary spousal support order typically stays in effect until a divorce is finalized. However, people still wonder whether they can modify alimony payments that are part of their divorce decree. The answer to this question is “yes.” Any substantial change in circumstances can warrant a modification to a spousal maintenance order — or even the early termination of such an order.
Did one spouse’s income substantially increase? Did the paying spouse’s ability to pay decrease? Are they facing financial challenges from having to return to college for job training? Is the recipient spouse cohabitating with another individual, or is there a remarriage in the near future? These are all changes that might warrant an order modification.
Speak to a South Jordan alimony attorney today to see if you have options.
Contact Our Alimony Lawyers in South Jordan, UT Today
There are a lot of myths floating around about spousal support payments in Utah. However, it’s important to remember that these cases are rarely straightforward. Even if the receiving spouse is self-supporting, the courts may still issue a payment order to ensure a certain standard of living continues. And even when two parties reach a settlement on their own, a court may refuse to enforce it if they deem it unfair or contrary to the law. Put simply, alimony is a complex issue.
At RCG Law Group, our goal is to simplify divorce issues for our clients. Whether you’re trying to ensure you get a fair spousal support payment or want to avoid an unfair financial burden, we’ll review your case and help you better understand your options. Remember, both temporary and permanent alimony decisions are highly subjective — so building a strong case is critical to securing an outcome that works for you. Contact us at (385) 503-3663 or click here to book a consultation.
Our alimony attorneys in South Jordan, UT are here to help.