Ogden Alimony Attorney

At Red Law of Ogden, Utah, we have represented clients on both sides: those who have had to pay alimony and those who have received alimony payments. We know that alimony can be a fiercely contested issue in divorce cases–it can be a burden for the spouse paying it but a lifeboat for the spouse receiving it. 

No matter what the facts of your case are, we will vigorously defend your best interests. This family law matter can be resolved. We have seen countless family law disputes arise due to spousal support concerns. Learn more about the legal process behind family disputes below. Then, contact our team of Ogden alimoney attorney for a free consultation to discuss your family law case.

Our Ogden Alimony Attorney Puts Your Needs First

Family law matters are complicated, and alimony concerns are at the top of this list. Our law firm knows that divorces can be tense. You might be wondering how you will ever move forward. You could be concerned that someone might try to take advantage of you.

That is why you need our family law divorce lawyer in your corner. Contact us today to ensure you have the legal representation you need and deserve during this difficult time.

How does the Court Decide if Alimony will be Ordered?

Often, the issue of alimony is settled in negotiations and is closely intertwined with things like the division of personal property, retirement funds, child support, and debts.  However, note that in Utah, alimony is not automatically granted.  The courts will consider several factors, including:

• The living standards of the couple before they were separated;
• The financial needs of the spouse seeking alimony (i.e., how much money they make vs. how many expenses they have);
• The ability of the other spouse to pay alimony (i.e., how much money they make vs. how many expenses they have);
• The earning capacity, or ability to produce income (i.e., employable skills), of the spouse seeking alimony;
• The length of the marriage;
• Whether the recipient spouse has custody of minor children that require support;
• Whether the spouse seeking alimony contributed to the other spouse's employable skills (i.e., one spouse stayed home to take care of the family while the other spouse went to school or received special training; one spouse worked to pay for the other spouse's school or training, and now that other spouse makes more income as a result);
• Whether one of the parties engaged in wrongful conduct during the marriage that led to the couple's divorce, such as (1) having sexual relations with another person, (2) knowingly and intentionally causing physical harm to their spouse or the couple's minor children; 3) threatening the other party or the minor children with physical harm; (4) causing financial hardship to the other party or the minor children.

How Much Alimony Will Be Awarded?

Courts follow no hard and fast rule to determine the amount of alimony paid to the receiving spouse.  The factors listed above guide the court's decision.  However, it is not uncommon for Utah courts to try to equalize the parties' income. 

Here's an example of how that can play out:

The husband makes $5,000 monthly and has $4,000 in expenses. This means the husband has $1,000 left over. The wife makes $2,500 per month and has $3,500 in expenses. This means the wife is $1,000 short.

In this situation, it would not be uncommon for a Utah court to order the husband to pay his $1,000 in excess to the wife so she breaks even on her expenses.

When Can I Start Receiving Alimony?

A party may not have to wait until the divorce decree is entered to start receiving alimony.  A spouse may request that the court enter a temporary order that would force the other spouse to pay alimony soon after a divorce is requested. 

If a spouse does not request temporary orders, they must wait until the divorce process is finalized before receiving alimony payments.

When Does Alimony Stop?

Three main scenarios will result in the termination of alimony payments:

1. Alimony may not be awarded for longer than the years that the marriage existed unless extenuating circumstances exist.  Therefore, if the divorcing couple was married for ten years, alimony will not typically be awarded for ten years.
2. Alimony terminates when the receiving party cohabitates with a romantic partner.  
3. Alimony terminates when the receiving spouse gets remarried.

Types of Alimony in Utah

There are several types of alimony in Utah. They include:

Temporary Alimony

Temporary alimony is awarded during the divorce proceedings and is intended to provide financial support while the divorce is finalized. This alimony helps the lower-earning spouse cover living expenses and legal costs associated with the divorce process. Once the divorce is finalized, temporary alimony typically ends, and other forms of alimony may be awarded if applicable.

Short-Term Alimony

Short-term alimony, also known as rehabilitative alimony, is designed to support a spouse only for a period needed to gain employment or complete educational training.

It's particularly common when one spouse may have sacrificed career advancement to support the family and needs time to reenter the workforce. The goal is to help the recipient become financially independent within a reasonable timeframe.

Permanent Alimony

Permanent alimony may be awarded in cases where the marriage was long, and one spouse could not become self-supporting due to age or health reasons. This alimony provides ongoing support until the recipient remarries, either the spouse dies or a significant change in circumstances occurs.

Permanent alimony is less common and typically reserved for specific situations where short-term support is insufficient.

Transitional Alimony

Transitional alimony is intended to help a spouse adjust to the financial changes following a divorce. It is usually granted briefly to help the receiving spouse manage initial costs, such as relocating or securing housing. This support is not intended for long-term maintenance but to provide a temporary safety net.

When Can Alimony Orders Be Changed?

• Change in financial circumstances: Alimony orders can be modified if there's a huge change in the financial circumstances of either spouse. For example, adjustments can be made if the payer loses their job or the recipient gets a well-paying job.
• Remarriage of the recipient: Alimony typically ends if the recipient remarries. Upon learning of the recipient's remarriage, the payer can file a motion to terminate the payments.
• Cohabitation of the recipient: In Utah, if the recipient cohabitates with another person in a relationship akin to marriage, the payer may petition to adjust or terminate alimony.
• Retirement of the payer: When the payer retires, this may constitute a change in circumstances that justifies reducing or terminating alimony, especially if the retirement is mandatory and results in a substantial decrease in income.
• Health changes: Major changes in either party's health can lead to a modification of alimony. If the payer becomes seriously ill and unable to work, or if the recipient's health improves considerably, the amount of alimony can be adjusted.
• Duration of the alimony: If the alimony is set for a specific duration, it ends when that period expires. However, if circumstances change dramatically before the end of the term, the alimony can be reviewed and possibly modified earlier.
• Mutual agreement to change: If both parties agree that a change is necessary, they can modify the terms of alimony. This agreement should be formalized with a court order to ensure it is legally binding.

Alimony Lawyers in Ogden, Utah

The Ogden alimony attorneys at Red Law Utah are here to help you receive the alimony you deserve or to try to help you pay only that fair amount of alimony. We believe your legal issues deserve a personal approach tailored to your needs. We also handle issues such as child custody disputes and child support concerns.

Our legal services are wide-ranging. Reach out to us for legal assistance with Utah law. Contact the office today for an appointment.