Alimony
There
are many reasons that alimony can be awarded. Alimony can be awarded to the either
spouse depending on the financial situation of each person. Alimony is not a
simple calculation. It is something that can be settled through mediation or
trial. Most often the issue of alimony is settled in mediation.
The “primary purposes of alimony: “(1) to get
the parties as close as possible to the same standard of living that existed
during the marriage; (2) to equalize the standards of living of each party; and
(3) to prevent the recipient spouse from becoming a public charge.” Richardson
v. Richardson, 2008 UT 57, ¶ 7, 611 Utah Adv. Rep. 12, 201P.3d 942, 2008 WL
3835161 (citations omitted). Jensen v. Jensen, 2008 UT App 392, 197 P.3d
117, 120.
Also Utah
has specific law that covers what the court shall consider to determine alimony
namely;
(i) the financial condition and
needs of the recipient spouse;
(ii) the recipient's earning
capacity or ability to produce income;
(iii) the ability of the payor
spouse to provide support;
(iv) the length of the marriage;
(v) whether the recipient spouse has
custody of minor children requiring support;
(vi) whether the recipient spouse
worked in a business owned or operated by the payor spouse; and
(vii) whether the recipient spouse directly contributed to any increase in the payor spouse's skill by paying for education received by the payor spouse or allowing the payor spouse to attend school during the marriage. Utah Code Ann. § 30-3-5 (West).
It
can be very confusing and stressful trying to figure out what is fair and what
you deserve when it comes to alimony. Let us help. We have represented both
sides of the table as it concerns alimony. We can give you a professional and
experienced opinion on how much alimony you should be entitled to. We are not
afraid to take a divorce to trial over the issue of alimony. Alimony is important
and is a huge factor in a divorce. Do not give up, get what you deserve.
We can help. Call today for a FREE
CONSULTATION. (801) 475-0123
If you have any questions feel free
to call or email.
Email – Arnold@arnoldwadsworth.com