Divorce Alimony in Utah
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Divorce is the process that ends all the legal relationships between a husband and a wife. Most of the times, the decision of divorce is taken in such a hurry that they forget to analyze its effect on them. Starting life from the scratch is not an easy task and the dependent partner has to face a lot of problems in order to start the things all over again. Divorce alimony is one of the laws that help the betrayed partner to start life anew. In this, the financially stronger partner has to pay certain amount as maintenance to the financially weaker partner. Divorce alimony in Utah is given after considering certain things. Certain facts that are considered are stated below:
Points considered by the court to determine Divorce Utah Alimony
- The duration of marital life: If this duration is more, the possibility of the award of alimony is proportionately more.
- The capacity of the payer to disburse the money: The income received from all possible sources by the payer and the obligations and debts incurred by the payer are taken into account so that his ability of paying can be judged.
- The earning capacity of the recipient: This comprises of income available from all sources, previous employment record, inability or ability to work, passive income received, etc.
- The economical situation and requirements of the recipient: The court considers the monthly obligations and debts that are due to the recipient and the presence of funds to disburse these payments.
- The standard of living that was present during separation is taken into account. If the marital life was of a brief duration and no children were born during marital life, then the court considers the standard of living that was present when marital life commenced. In certain cases, the courts attempt to equalize the standards of living of both spouses.
- The fault of either spouse in marital life is one of the most important things that are considered at the time of awarding alimony.
Characteristics of Divorce Utah Alimony
- The court never grants alimony for a duration longer than the duration of marital life. An exception to this rule is when prior to termination of spousal support, the court detects explanatory conditions that justify that alimony should be disbursed for a longer duration.
- The courts have continued jurisdiction to effect considerable alterations about spousal support on the basis of considerable material changes in the conditions of the spouses that cannot be foreseen when the divorce was granted.
- The courts are empowered not to alter alimony orders or issue new orders to handle the requirements of the recipient that were absent when the original decree was entered. An exception to this rule is when the court finds explanatory conditions that justify changes.
- If the spouse disbursing alimony payments establishes that the recipient of these payments is cohabiting with another person, then the order of the court to pay alimony ceases to exist.
- If the recipient of alimony remarries, the order of the court to disburse alimony automatically terminates, except when the decree of divorce specifically states otherwise. Let us assume that further the remarriage gets annulled and is found to be void ab initio. In such circumstances, the payment of alimony resumes. The only condition is that the payer spouse must be made a party to the action of annulment and this payer's rights must be determined
- If the payer of alimony remarries, the income of this subsequent spouse may not be taken into account by the court, unless the following circumstances exist.
- The improper conduct of the payer justifies the consideration.
- The court desires to consider the financial capacity of the subsequent spouse to share living expenditures
An attorney can help you with the laws related to divorce alimony prevailing in the state. It is necessary to have knowledge about the laws persisting in the state so that things can be carried out without any sort of problem. Alimony is a way of helping one of the partners to re-establish them after divorce. A certain amount is fixed by the judge and the time till which it has to be paid. The information stated above about divorce alimony in Utah is authentic and will help people in understanding the laws that relate to alimony in Utah.