Salt Lake City Attorneys Investigate Alimony Claims
A law firm that knows alimony isn’t guaranteed in Utah
In Utah, alimony is not guaranteed. Either a husband or wife can request alimony. It can be awarded temporarily, or on an ongoing basis as part of the divorce. Claiming alimony is a complicated process, and having the help of experienced divorce attorneys can be valuable. At Smart, Schofield, Shorter, we have trial experience in divorce cases and can help investigate the alimony claims of a spouse in your case.
How alimony is determined
The court considers at least the following factors in determining alimony:
- The financial condition and needs of the recipient spouse;
- The recipient’s earning capacity or ability to produce income;
- The ability of the paying spouse to provide spousal support;
- The length of the marriage;
- Whether the recipient spouse has custody of minor children requiring support;
- Whether the recipient spouse worked in a business owned or operated by the payer spouse to provide support; and
- Whether the recipient spouse directly contributed to any increase in the payer spouse or enabling the payer spouse to attend school during the marriage
What types of alimony are available in Utah?
There are several different types of spousal support or alimony available for couples who are divorcing in Utah, which can be broken down into two basic categories– short term and long-term awards.
- Temporary alimony is often awarded while the divorce proceedings are going on, and will terminate once a final decree is entered by the court.
- Lump sum spousal support is a one-time payment that is paid when the divorce decree is final.
- Rehabilitative alimony is meant to support the individual receiving it in completing an education, job training, or young children reaching an age when they will attend school full-time.
- Permanent or long-term alimony, when it is awarded, is given in cases of a marriage of long duration, 10 years or more, in order to maintain the standard of living during the marriage, and it is to be paid until death or remarriage.
Alimony is often one of the most contentious issues to be resolved in divorce cases. At Smart, Schofield, Shorter, our spousal support and alimony lawyers can answer your questions and help make sure that the amount you must pay or will receive is accurate and fair.
Length of alimony
If alimony is paid monthly, then unless the Divorce Decree provides otherwise, generally the alimony terminates upon the earlier of: 1) the recipient remarrying or cohabitating with another person; 2) the end of the duration or number of years that the marriage existed; or 3) death of the recipient.
In Utah, generally, marital assets are considered as owned by both parties, regardless of income source; however, the property may be divided numerous ways.Generally, property division orders are final and cannot be modified. The judge considers several factors, such as the length of the marriage, the age and health of both parties, each party’s occupation, and income amounts and sources. Property is dealt with in different ways:
- Real property: Real property is generally considered marital property if purchased during the marriage, no matter whose name is on the deed.
- Retirement/benefits: Generally, unless otherwise agreed, each party is entitled to one-half (1/2) of the benefits accrued during the marriage of the other party’s retirement.
- Non-marital property: Property owned by a spouse before marriage, obtained as a gift or through inheritance is generally not considered marital property.
Smart, Schofield, Shorter is a family law firm with knowledgeable attorneys who can help you get a fair settlement whether you will be paying or receiving spousal support after your divorce.
Call a Salt Lake City, Ogden or Provo alimony attorney who goes after what you deserve
We understand that times like this can be stressful. Don’t make it worse by trying to do it on your own. The attorneys at Smart, Schofield, Shorter can help you get the support you deserve, and we can also investigate alimony claims from another party. Contact us. Make the Smart call. Call 801-747-0647 today.