When does someone have to pay alimony?

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When does someone have to pay alimony?

I am getting divorced and I just want to know what the rules are for alimony.

Asked on June 26, 2012 under Family Law, Utah

Answers:

Russ Pietryga / Pietryga Law Office

Answered 9 years ago | Contributor

The purpose of alimony is to provide support as nearly as possible at the standard of living the receiving spouse enjoyed during the marriage, as well as to prevent the receiving spouse from becoming a public charge. 

Since the goal of the court is to not only keep a spouse or ex-spouse out of poverty, but more imortantly, to provide as near as possible the standard of living enjoyed during the marriage.  As a general rule the court should consider the standard of living existing at the time of separation.

In Utah the court will consider the following factors in determing alimony:

1. The social position and standard of living of each before marriage;

2. The respective ages of the parties;

3. What each may have given up for the marriage;

4. What money or property each brought into the marrigae;

5. The physical and mental health of the parties;

6. The relative ability, training and education of the parties

7. The time of duration of the marriage;

8. The present income of the parties and the property acquired during the marriage and owned either jointly or by each now;

9. How it wa acquired and the efforts of each in doing so;

10. Children reared, their present ages, and obligations to them or help which may in some instances be expected;

11. The present mental and physical health of the parties;

12. The present age and life expectancy of the parties;

13. any extrodinary sacrifice;

14. The present standards of living and needs of each including the cost of living;

Hope this helps

 


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