Alimony Awards in Divorce Actions in Utah
Alimony is an issue that requires resolution in many divorce cases. In Utah, the court will seek to maintain each spouse at the standard of living that they enjoyed at the time of marriage. However, this aim is curtailed by each spouse’s ability to fund that standard of living. For example, many families cannot maintain their standard of living after they have split, and therefore doubled, their living expenses. Below are some basic guidelines:
- The general rule is that alimony will last the length of the marriage. However, there is strong case law that calls for rehabilitative alimony in certain situations. Under rehabilitative alimony, the duration can be shortened significantly.
- In most cases, alimony will ceaseif certain facts occur, for example, if a spouse passes away or cohabitates.
- The court can order temporary alimony, which is actually called spousal support, while the case is pending. In order to obtain this, we must file a motion for temporary orders. Often times, spousal support is not awarded in one lump sum; but rather, the court often will order one spouse to pay one bill, such as the mortgage, during the pendency of the case.
- The case law surrounding alimony and spousal support is complicated and it is recommended that a lawyer be involved to manage the different issues that arise in an alimony or spousal support argument.