According to the Utah family law, the court will take into account all relevant factors and income sources as well as a couple’s living standards while married when deliberating on who gets alimony or spousal support. Following the determination of these aspects, the court will then deliberate on these other pertinent factors:
- How long the marriage lasted.
- The requesting party’s (the spouse who’s requesting for alimony) current financial requirements and condition.
- The ability of the other spouse to pay alimony.
- The requesting party’s earning capacity and educational attainment.
- If the requesting party was employed in a business that the other party operated or owned.
- Which party has custody of the child or children and if the child or children require child support.
- If the requesting party has contributed to other party’s income increase in any way, such that he or she paid for the other party’s education or supported their family while the other party is studying.
- Either party’s marital misconduct or fault that contributed to the end of their marriage.
- Both party’s ages, as well as emotional and physical health.
- How long the requesting party wasn’t able to work because of his of her responsibility to care for their child or children.
- Other relevant, contributing factors.
When the court is determining alimony payments, a divorce attorney in Provo adds that the court will likewise factor in all income sources of both spouses, which typically include self-employment, overtime, as well as income from other jobs. Additionally, the court will likewise look into the both spouses’ current earning capacities.
Other Pertinent Things to Note
In the event that the divorcing couple could agree on which spouse should make alimony payments, the specific alimony amount, as well as the payment duration, they are free to do so without involving the court. Otherwise, the judge will be the one to decide these things after reviewing the aforementioned factors. It’s also crucial to note that alimony is a completely separate issue from distribution or property and child support, but the court could consider these issues when deliberating on who should receive alimony.