Getting Divorced in Utah: How is Alimony Determined?
There is no set formula in Utah for determining alimony. Either party can request alimony payment. In general, the court will consider awarding alimony to help maintain the same standard of living that was present during the marriage. There are, however, various factors that affect the alimony amount and the Court will not require a payment higher than the ability of the payor to pay.
Factors that affect alimony are:
- The ability of the paying spouse to pay (The court will not order the spouse paying alimony to pay so much that he/she is unable to be self-sufficient.)
- The ability of each spouse to provide income
- The length of the marriage
- The financial obligations of each spouse
- Who has custody of minor children
- Whether one spouse contributed significantly to the other spouse’s ability to provide income (paying for school or enabling further training or education)
Alimony will not be paid longer than the length of the marriage unless there are special circumstances.
Remember, alimony is tax deductible for the payor and taxable for the recipient. (See: How Will My Taxes be affected?)
Good luck in your search for answers. I hope this is helpful.
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**I am not an attorney and am in no way trying to give legal advice or practice law. The information on this website is for informational purposes only and not for the purpose of providing legal advice. You should contact an attorney to obtain advice with respect to any particular issue or problem.
Two attorneys in St. George, Utah that practice family law are Sam Draper and Adam Caldwell. The primary source for information on this site has been the Utah Courts Website.