Spousal Support and Alimony During a Divorce

Alimony and spousal support are very different for tax purposes. Spousal support is what the payment amounts are prior to the divorce decree and alimony is the name it takes after the divorce decree has been entered. A Salt Lake City divorce attorney can assist you in getting the fair amount during your divorce. Ending a marriage is difficult as it is and when adding in the burden of having to go over finances, it becomes even more painful.

When you get married, most decisions are made together and your standard of living is determined by the skill set and career of each spouse. The earning potential is different in every career and thus the couple will lean on each other. When the talk of divorce comes and there is no prenup, things begin to get complicated. The spouse who has the lower income will feel distressed because they have to essentially start over. Their skill set may not be enough to obtain a job that will allow them to maintain the standard of living they had with their spouse. This is where spousal support and alimony come in.

Determining Payment Amount

Alimony is a very complex topic and it can take some time to be calculated. So many different factors go into calculating alimony. There are several things the court takes into account when calculating alimony including:

  • Standard of living during marriage
  • Incomes of both parties
  • Needs of both parties
  • Length of marriage

Both spouses will disclose all financial records to the court and will also provide what they would need to continue their lifestyle. Utah has a unique stipulation where alimony will be paid the length of the marriage or until the person receiving alimony cohabitates with another person as if they are married. Courts may also grant rehabilitative alimony where the length of time that the alimony is paid is shorter. This is so the spouse can enhance their skill set and be able to support their needs. This is often seen in cases where the marriage was shorter or the couple is younger.

Alimony Modifications

Life happens and things can change drastically in the blink of an eye. If by chance you lose your job you can ask the court for a modification to the alimony payments. This needs to be done as soon as it happens because a court will not allow you to go back years after the incident occurred and try to recover what was lost. The financial change will need to be involuntary, substantial and permanent for a court to grant a modification.

When seeking spousal support and alimony payments consult with a Salt Lake City alimony attorney to discuss your options and gain more insight. The attorney can comb over your financial state and future needs that come from the divorce. They will use this when presenting your request for spousal support and alimony. The court of course has the ultimate decision but there is a higher chance of alimony payments when an experienced attorney is involved.