In Utah…If I file for legal separation or divorce while my husband is unemployed, do I need to continue supporting him financially?

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In Utah…If I file for legal separation or divorce while my husband is unemployed, do I need to continue supporting him financially?

He quit his job 4 months ago, took a part time
job one day a week to pay for his leisure
activities, and is wanting/has quit that job. He
has a college degree and doesnt want part
time jobs because he didnt go to college for
that. He hasnt actively been looking for a job.
We have two children under the age of 18
years to support as well.

Asked on February 28, 2019 under Family Law, Utah

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

You will have to keep supporting him at least temporarily, while the matter is "pending" or in court, since you have to maintain the "status quo" while a final determination is made. Whether you have to keep supporting him after that (and if so, with how much support) will depend on how the court views his decision to quit his full time job, to only work minimally, and not seek either full time work or additional part time jobs. There is a good chance that if matters are as you describe, he will get only minimal or temporary support, since he is not allowed to voluntarily take steps to hurt his economic position and force his spouse to support him (it's obviously different if he had been laid off and he cannot find a new job, despite diligently trying, due to changes in his industry, the economy where you live, his skills or lack thereof, etc.--i.e. due to factor outside his reasonable control). However, as stated, you will almost certainly have to support him short tems while this matter is being decided.


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