Alimony is not something people like to talk about, but sometimes, it’s necessary. At The Ault Firm in Salt Lake City, Utah, we understand that you may need some help to get through a difficult time in your life. We want to simplify the alimony process and make it as easy as possible for you to understand.
There are many things that affect alimony payments and we want you to be aware of some of them before the process starts. First, it is important to know that alimony will be discussed after the two spouses’ property rights are settled by the court. That way, the judge will know where the assets lie as well as the debt assumption of both parties.
Does Divorce Always Mean Alimony?
No, divorce does not always mean a spouse will end up paying alimony. If the standard of living is not going to be changed for either party after the divorce, it may be the case that alimony won’t be paid at all. Also, if paying alimony would mean that the paying spouse would no longer be self-supporting, the court may not require payments.
There are many factors a judge will take into account when deciding alimony for a spouse. The judge will look at the standard of living enjoyed at the time of separation and determine if that standard of living will be possible to the spouse that is trying to get alimony. A judge will look at the recipient spouse’s circumstances, such as financial resources, earning capacity, and current needs. The judge will evaluate the payor spouse’s ability to pay. The length of the marriage will be examined, as well as child custody arrangements, if there are any.
Can alimony payments go up? Yes, sometimes they can. If the spouse providing alimony marries someone that increases their income and standard of living, the person receiving alimony can petition the court for an increase. This will especially be taken into consideration if the circumstances for the divorce, such as cheating by the spouse providing alimony. Since there was an element of improper conduct, a judge would grant an increase in the amount they have to pay.
Usually, alimony payments will be terminated if the recipient spouse gets remarried. If they don’t get remarried, often alimony will last as many years as the marriage lasted. If a recipient spouse does not get remarried, but moves in with a partner, the payor spouse can petition the court to terminate payments. Again, the judge has discretion when setting time and amount limits.
Alimony will also be terminated if either spouse passes away.
What To Do
If you find yourself in a situation where alimony is an issue, you may need an alimony attorney in Salt Lake City. The Ault Firm can help you navigate the waters of the alimony process and ensure that the best settlement is reached. You can contact us by clicking here or calling 801-539-9000.