Alimony is another name for spousal support. A major concern from clients is whether they are eligible for alimony or whether they are going to have to pay alimony.
Alimony is not gender specific; either the husband or wife may ask for alimony in a divorce proceeding. When determining alimony, the court will consider the following two factors:
1) The needs of the party requesting alimony. When deciding need, courts will consider the requester's earning capacity or ability to produce income, as well as how much the requester needs to pay their bills and expenses every month.
2) The ability of the paying spouse to provide support. The court will examine the paying spouse's income and bills and weigh that against what the requesting spouse needs.
For example, if Party A makes $2,500 per month but needs $4,500 to live, then Party A would request $2,000 per month in alimony. If Party B makes $7,000 and only needs $4,500, then the court would award $2,000 per month in alimony based upon the respective parties' need and ability to pay.
The length of the marriage generally determines how long alimony will last. The longer the marriage, the stronger the case for alimony and the longer the award. Generally alimony is granted for a term equal, but not greater than, the life of the marriage.
If you have questions about receiving or paying alimony, feel free to contact Adams Legal at 385-777-5533.
The Utah courts have also provided free information regarding alimony here.