Who can get alimony?

Either the wife or the husband may ask the court for an alimony order. Alimony may be awarded temporarily while the divorce case is pending or for a longer period after the divorce has been granted.

The court may consider the following and other factors when deciding whether to issue an alimony order:

• The recipient's earning capacity. Factors the court considers: past employment history, ability or inability to work, and income received from any source. This also includes the impact of diminished work experience due to being the primary caregiver for children of the marriage.
• The financial condition and needs of the party who would receive the alimony. This includes the recipient's monthly financial obligations and their ability to meet those obligations.
• Whether the recipient contributed to a substantial increase the other spouse's earning capacity by paying for their education or by supporting the other spouse while he/she attended school during the marriage.
• The ability of the paying spouse to provide financial support. All income sources as well as existing monthly financial obligations will be taken into account. As a general rule, debts may not be incurred for the purpose of reducing alimony.
• The length of the marriage. The longer the marriage, the stronger the case for alimony.
• Whether the recipient party has custody of minor children who need support.
• Whether the recipient worked in a business owned or operated by the other spouse.
• The court may also consider the fault of the parties in determining whether to issue an alimony award and the amount of alimony to be paid. A party may be deemed at "Fault" for engaging in any of the following conduct during the marriage that substantially contributed to the breakup of the marriage:
  • having an extramarital affair,
  • domestic violence, and
  • substantially undermining the financial stability of the other party or the minor children.

Generally, in determining alimony, the court considers the parties' standards of living at the time of their separation. In short marriages with no children, the court may consider the standards of living when the marriage began. Often, the court will try to equalize the parties' standards of living.

Alimony may not be ordered for a period longer than the length of the marriage, unless special circumstances exist.

Call Fair Price Lawyers today at (801) 999-0104 for a consultation with a Utah family law attorney.