At the Law Office of David Pedrazas LLC, we know going through a divorce is difficult and stressful. It’s even harder when you’re trying to understand alimony and how it’s determined. Fortunately, David Predrazas can walk you through the process and helping you understand how Utah divorce courts calculate alimony.
Alimony, or financial spousal support, is an allowance the divorce court orders one person in the divorce to award the other during separation, throughout divorce proceedings, or after the divorce is completed. Several factors come into play when determining alimony.
Length of Marriage
The amount of time one party can receive alimony cannot be longer than the timeframe of the actual marriage. In addition, the longer a couple was married, the stronger the case for alimony can be.Recipient’s Financial Needs and Conditions
Utah divorce courts examine the financial needs of the husband or wife receiving alimony, as well as their current financial condition. This process includes examining their monthly obligations, debts, and their ability to pay them.An additional financial factor the court looks as is the potential recipient’s ability to earn their own income. This includes examining the potential recipient’s employment history, ability or lack of ability to work, the income they receive from all sources, and their diminished capacity workplace experience from serving as the primary childcare giver.
Paying Spouse’s Financial Conditions
The paying spouse’s ability to pay alimony is also considered. The court looks at their income, financial obligations, and their debts. It should also be noted, that they can’t incur debt just to prevent paying support.Additional factors the court considers include:
- Determining if the spouse receiving alimony has custody of minor children.
- Considering if the receiving spouse worked in the other spouse owned or operated.
- Determining if the spouse receiving alimony contributed to improving the other spouse’s employable skill by paying for their education or enabling them to attend school while the couple was married.
If you’re going through a divorce, awarding alimony won’t be an automatic part of the process. If one of you has filed to receive alimony, we at the Law Office of David Pedrazas LLC can guide you through the process and all the factors involved when Utah divorce courts calculate alimony. For a free case evaluation to discuss your concerns, call our firm now at 801-263-7078.
Author Statement:
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
