Getting divorced is stressful enough, and if your spouse is demanding alimony or spousal support, that can really impact your mental state of mind. Alimony is granted in certain situations, and if you agree to some of the key demands of your spouse, they may agree to waive alimony. If they don’t, it is not always easy to predict key details like alimony amount and for how long you would need to pay. Look for a reliable lawyer near me to understand how you can deal with the situation better. Below is an overview of how alimony is decided in Utah.
Factors that matter
- The need of your spouse. Just because you earn more than your spouse doesn’t mean that you have to pay alimony. It depends on the needs of your spouse and if they need financial assistance in the first place. If your spouse earns decently and can maintain a reasonable lifestyle after the divorce, you may not need to pay them.
- Standard of Living. If your spouse doesn’t have adequate work experience or was always a stay-at-home partner, the judge will consider that and may grant alimony. However, if the divorce is likely to affect the two of you equally, there is a chance that you wouldn’t need to pay spousal support.
- Length of the Marriage. If you have been married for a long and your spouse has never worked before, you may have to pay alimony for a limited period until they can learn new skills or earn enough to meet their monthly expenses. On the contrary, if one spouse is mentally ill or needs medication for the rest of their life, alimony could be granted. Fault could be a deciding factor too.
Your ability to pay also matters
The court wouldn’t just consider one party’s need and ignore the other. If you are already in debt and don’t have enough to pay your spouse, the judge will consider that too. The court may reconsider what both parties need to maintain a reasonable standard of living and grant alimony accordingly. If you don’t have the ability to pay, you can expect to get some relief.
Having a prenuptial or post-nuptial agreement
If you have a prenuptial or post-nuptial agreement with your spouse, this could mitigate the need to pay alimony. Get an attorney if you think that your spouse is trying to get money from you for their selfish needs.
An alimony order can change your financial standing, and you should do what it takes to fight for your rights.