In a divorce, there are so many things that have to be settled. From property division to figuring out issues of child custody, the process can become complex and confusing.
We know this is not something you wanted to be going through, but divorce is sometimes necessary. One of the biggest areas of contention may end up revolving around alimony payments.
When you need an Avenues alimony attorney, let Emy A. Cordano, Attorney at Law, stand by your side. Whether you may have to pay alimony, or you are the one who will receive the payments, we will help you sort through the issues.
Why Is Alimony Necessary
Alimony payments are payments and maintenance made for the support of a spouse. They are typically ordered by the court so that the spouse of less economic means after a divorce can live a comparable lifestyle to the one they experienced during the marriage.
There are various forms of alimony and they are either paid monthly or in one lump sum. Many factors will go into determining the amount of alimony that must be paid, including the income of the supporting spouse and the length of the marriage.
Temporary Alimony: This is usually only paid while a divorce is pending so that the dependent spouse can take care of their needs throughout the process.
Transitionary Alimony: This is a type of alimony that is set in order to assist the dependent spouse get on their feet and becoming economically stable enough to support themselves. This could include paying for their education or training for a new job.
Permanent Alimony: This is what people typically think of when they hear the word “alimony” and is a long-term payment system designed to support the spouse with less economic means. This type of alimony is typical after the end of longer marriages and is designed to help the dependent spouse live a lifestyle they were accustomed to during the marriage.
There may be times when adjustments need to be made to alimony payments. If the supporting spouse loses their job or gets a promotion, there may need to be an alimony payment adjustment.
If the dependent spouse remarries, the alimony typically stops. They may avoid getting married to a partner in order to keep the alimony payments coming. If this is the case, a supporting spouse may need to seek legal action.
In short, for alimony to be modified, there needs to be a substantial change in circumstances that were not foreseen when the divorce was being finalized. It is essential to address all needs during the initial determination of alimony as a modification cannot be made for needs that were not present during the initial decision. There are specific reasons that a modification can be made for new needs, but an alimony attorney in the Avenues must address these.
How is Alimony Determined?
Utah considers a few things when determining alimony. These include, but are not limited to:
The length of the marriage
The financial condition of the receiving spouse
Earning capacity of the potential recipient
The ability of the paying spouse to provide financial support
Custody arrangement of the children
If the receiving spouse works for a business operated by the paying spouse
If the receiving spouse contributed to the financial gain of the paying spouse, such as paying for education or taking on financial responsibility while the paying spouse went to school
Each case is unique, which is why you will need the help of an alimony attorney in the Avenues to ensure that your rights are protected. We will ensure that every aspect of your case is considered and that all relevant financial issues are explored during the alimony determination. When a divorcee does not have a legal representative, the court can often award less in alimony, putting you in a dire financial situation if you weren’t already mired in one. An alimony attorney in the Avenues will ensure this does not happen.
Terminating Alimony in Utah
Alimony automatically ends when one spouse dies or if the recipient remarries. It can also be terminated if the receiving party cohabitates with another person. This circumstance, however, must be proven by the paying spouse, and they cannot simply stop paying when the receiving spouse begins living with someone else.
It is also important to note that the paying spouse will need to file a motion to terminate alimony no later than a year from when they found the receiving spouse living with another partner. If you are seeking alimony, it is essential to understand how it can be terminated. You depend on this money, and you do not want it to be terminated or modified without reason. Be sure to consult with an alimony attorney in the Avenues when seeking alimony from your former spouse.
Another issue that can arise is enforcing alimony payments. When one party refuses to make payments, the receiving spouse will need to file a motion for the court to enforce the alimony order. The court can then find the paying spouse in contempt of court or issue a judgment for the past due to alimony. They can also order the paying spouse to pay additional fines or serve time in jail for failure to pay. You will need the help of an alimony attorney in the Avenues when you are looking to enforce alimony payments. Do not hesitate to call us.
What You Can Do Now
The divorce process can be complex and you should not try to handle it alone, particularly when there are alimony payments involved. Remember, if your spouse has an attorney, then you need to secure one as well.