Alimony Lawyer Sandy
Upon the termination of a marriage or civil union, either (or both) spouse may petition the court requesting alimony payments to help with living expenses they may not be able to cover themselves. Whereas child support has a court-approved method of calculation, alimony isn’t clear-cut. Should both spouses have an interest in shared businesses, things get even more complex. Can an attorney help?
Accumulating experience as a premier Sandy alimony attorney, Emy Cordano can help navigate the complex process of applying for, and receiving, spousal support payments from another party. Before engaging in a lengthy battle, Emy can offer mediation services that both help expedite the application process, and may help alleviate any undue hardship clients may experience in court.
How Alimony Works in Utah
Clients wonder how much, and for how long, alimony payments may be. In terms of length, alimony is generally granted on a 1:1 ratio, meaning every year in a relationship equals one year of alimony. Generally, courts are apprehensive in awarding alimony for relationships with more than five years invested, although final determination is made by the judge. Regardless of one or both party’s petition, judges will look at the person with the least income, and determine how much goes out and comes in every month.
The court will look at the other person’s income using the same calculation. Whichever party has a greater ability to pay, or earn, will be ordered to pay alimony to others who cannot. The process can be quite complex if filing alone; Emy will provide exceptional levels of service as your Sandy alimony attorney, working hard to file your case and calculate income properly.
Other concerns that can make an impact on the amount of alimony paid to you include:
- The earning capacity of the potential recipient
- Custody and visitation arrangements (these will be settled separately but can make an impact on alimony)
- If the spouse receiving alimony works or worked for a company that was owned and operated by the spouse who is paying alimony
- If the receiving spouse invested in the paying spouse’s education or allowed the paying spouse to focus on their school during the marriage while they bore more of the financial responsibility
These are not always easily calculated by the court, and it is essential to have an empathetic and aggressive Sandy alimony attorney on your side who knows how the process works. The court may overlook these crucial pieces of information and your spouse may forget to mention how much you contributed to their current financial success.
The court’s goal is to equalize both spouses’ standards of living post-divorce. As with any calculation, nothing is perfect; that’s why having an attorney assist in gathering income records for all parties to make the process much smoother, and avoid opening the case later down the road to amend amounts. Like child support, alimony payments are exclusive of visitation or custody issues that must undergo a court process by themselves.
Emy A. Cordano, Attorney at Law helps clients transition from marriage life to divorce life and works on all alimony cases regardless of what assets may be involved.
Types of Alimony
There are different types of alimony payments, and depending on your situation, you might be entitled to one of the following:
- Temporary alimony: This is typically awarded while the divorce is pending so that the receiving spouse can continue to take care of their needs through the process.
- Transitionary alimony: the less stable spouse will be able to receive this kind of alimony if they need assistance paying for an education or vocational program to get back on their feet after a divorce. This one is complex, and you will need an experienced Sandy alimony attorney to ensure you get the proper consideration.
- Permanent alimony: Once the divorce is finalized, this type of alimony will go into effect. These are long-term payments made to the spouse with less financial means. It is intended to allow the dependent spouse to live a similar lifestyle to what they had grown accustomed to during the marriage. This kind of alimony is often seen in longer marriages and may not necessarily fit every case.
One final type of alimony is that of the lump-sum payment. A lump-sum payment is made in one big payment to the receiving spouse. This is not often seen in alimony cases but can work for certain situations. You should discuss all of your options with your Sandy alimony attorney to ensure that you make the right choice.
Modifying Alimony
Once alimony is established, there are rare occasions when it can be modified. There must be a significant change in circumstances for alimony payments to be altered. One spouse cannot adjust the payment on their own, which will require a court to decide. A modification may be requested if the paying spouse gets a promotion or has a significant pay increase, typically over 30%.
There are also several ways that alimony can be terminated. The two most common ways in which alimony can be terminated are when one spouse dies, or the receiving spouse remarries. A third occurrence is when the receiving spouse cohabitates with another person. The paying spouse may request termination within a year of obtaining this new information.
Contact our Sandy Alimony Attorney
Certain conditions may exist where paying a lump-sum amount of alimony would make more sense for the payor. For example, spouses ordered to pay $1000 a month for 144 months would pay a total of $144,000; Emy and ex-spouses counsel may come together and agree to a lump sum of $90,000. This would benefit clients in two ways: it gives them a large upfront payment to work with, and could potentially give them more money should they remarry in 72 months.
Clients are often confused about which direction to go. Alimony is a rough road best navigated by a Sandy alimony attorney like Emy. Whether clients choose lump-sum or consistent monthly payments, her knowledge of alimony laws helps clients get the finances they deserve.
Contact Emy to schedule your no-cost alimony consultation.