Marriage is a common experience in western cultures where over 90% of people enter into marriage before the age of 50. A healthy marriage is good for both the physical and mental health of those involved. Healthy marriages are also good for the children, it’s a safe haven where the children are protected from various physical, social, educational, and mental problems. Unfortunately, divorce — the dissolution of marriage — is also common among western couples. In the US, for instance, nearly 50 percent of marriages end up in divorce.
One of the most common questions couples asks during initial divorce consultations revolve around alimony. What is it? How is it calculated? Alimony is the payment made to the financially disadvantaged spouse after a divorce. The payment is intended to help the recipient spouse maintain a standard of living that is as close as possible to the marital standard of living. The judge will not give alimony payment to the spouse with the more property or higher income — or both.
How Courts Determine Alimony
Courts assign alimony payments after the distribution of marital property between the couple. Therefore, the judge has all the crucial details including the spousal debt obligations as well as asset distribution. That way, the judge is able to make an appropriate decision when awarding the alimony payment to the financially disadvantaged spouse. There’s no clear-cut calculation method like it is with child support payment. However, many websites offer alimony calculator Utah residents can use to get a rough estimate of the alimony.The function of Time and Need
An experienced divorce attorney will tell you that alimony calculation is a function of time and need. The length of the marriage, that is the time that the couple has been married can determine whether alimony is awarded or not. If the couple has been married for a short time and hasn’t quite gotten used to marriage life, alimony may not be awarded especially if both spouses were working before they got married.The other key factor is the need. A spouse must demonstrate financial need to receive an alimony award. The judge will look at the spouse with the lower income to determine if he/she can spare a reasonable amount to cater for monthly expenditures. After establishing need, the courts will look at the other spouse’s ability to pay the alimony and if he/she can, an alimony award is likely. If you need help with your alimony payment in Utah, contact Law Office of David Pedrazas, PLLC for assistance.
About the Author:
David Pedrazas is a premier divorce and family law attorney in Salt Lake City, Utah. He graduated from the University of Utah Law School in 1997 and has been practicing for over 14 years in the areas of divorce, child support, child custody, paternity, alimony, property division, and parent time.
Law Office of David Pedrazas, PLLC
3325 South 1100 East
Salt Lake City, UT 84106
801-263-7078
