Like Child Support Alimony Is Calculated Using Gross Income: False
Alimony is calculated from net income instead of gross income. Net income is your gross income minus your taxes paid to the state and federal government. And not all income needs to be included in determining alimony. Only up to 40 hours per work per week should be factored into alimony. Overtime can be factored into alimony only if you regularly worked it during the marriage and you and your spouse relied on that income to meet your needs.
Termination Or Modification Of Alimony
Unless the couple has a written agreement stating that they wont seek any changes in alimony, a court can modify periodic payments on a showing of material change in circumstances. Proof that a spouse has remarried or is cohabiting in a marriage-like relationship with a person of the opposite sex will generally result in termination of an award.
What Is The Purpose Of Alimony
Alimony may feel like a punishment to those who have to pay it, but its anything but punitive. The purpose of alimony is to help both spouses maintain the marital standard of living to which they grew accustomed. To do this, the spouse who earned more money will need to make payments to the spouse who earned much less or no income at all.
Essentially, its the courts way of ensuring that someone who turned their focus to domestic issues over their career wont unduly struggle financially after divorce.
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How Much Alimony Should You Be Asking For In A Divorce In Utah
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Calculating alimony is one of the most misunderstood and complex elements of any divorce in Utah. When determining alimony, the court will take into account several factors to analyze whether you are eligible to receive alimony, and if so, how much alimony you should be asking for.
Here at the Emy A Cordano, Attorney At Law, we have recently received the following question from one of our readers: âI am getting divorced from my husband, who is a very wealthy individual. This divorce is something that is long overdue and yet I understand how getting divorced will impact my life from a financial point of view. I have been out of work since I became a stay-at-home mom at my husbandâs request. What should I do and how much alimony can I ask for?â
What Conditions Must Be Satisfied For One To Get Spousal Maintenance
A spouse will not receive spousal maintenance automatically. There are prerequisites to be met by the spouse asking for spousal maintenance. To qualify for spousal maintenance:
- The spouse asking for maintenance must lack enough property to cater to their minimum reasonable requirements. Sufficient property means both the property of the spouses and his/her portion of community property after the divorce.
- The divorcing parties should have been married for 10 years and above, and the party asking for support cannot earn enough income to provide for their minimum reasonable needs.
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Like Marriage Alimony Is Not Necessarily Forever
Just as American society and its courts have come to realize that insistence on marriage is forever can be a mistake, so too does Utah recognize that alimony also should not be forever. Barring extenuating circumstances, Utah courts rarely require alimony payments to go on for longer than the number of years the marriage endured. So in a marriage of 15 years, alimony payments might be required for up to the first 15 years following divorce. Of course, the court could decide on a lesser span. Indeed, for a couple married two years and bearing no children, the court may decide neither spouse should receive alimony. Fillmore Spencer LLC attorneys bring more than 20 years experience to helping couples and the courts arrive at fair spousal maintenance arrangements.
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The Alimony Recipient’s Need
The court determines a potential alimony recipient’s need by reviewing that persons financial declaration. The financial declaration is a form created by the court. It must be filled out by both parties and, among other things, show a partys income, their assets, and their monthly expenditures. The document MUST be filed with the court prior to any hearings regarding Temporary Orders.
The court first looks at recipients needs by reviewing the difference between that persons monthly income and that persons monthly expenditures. Expenditures run the gamut from mortgage and rent costs, to groceries, to utility costs, to incidentals, and credit card payments. In Utah, charitable donations and tithing are not considered needs.
If the potential alimony recipients income meets their needs, the court will look no further and no alimony will be awarded. In most cases, this is true regardless of the potential alimony payers income.
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How Does Alimony End
Alimony automatically terminates when the receiving spouse gets remarried or either spouse dies. Alimony can also end when the recipient begins cohabiting with another individual after the issuance of alimony, but the paying spouse must petition the court and prove the cohabitation is occurring to terminate alimony.
If someone found out an ex-spouse is cohabitating with someone else, they have one year from the date they discovered the cohabitation or should have known about it to file the alimony termination petition. After one year, it may not be possible to seek relief.
What Is The Duration For Rehabilitative Spousal Maintenance
Rehabilitative maintenance is subjected to statutory limits of duration. Generally, the law allows alimony to last for 5 years for marriages that lasted between 10-20 years. For marriages that lasted 20-30 years, the law requires the support period to last for 7 years. For marriages that lasted for more than 30 years, the law requires spousal maintenance to last 10 years.
In all cases, the maintenance award should not be 20% of the paying spouses gross income and not above $5,000 per month. It is also worth noting that in all cases, the court is required to award only the least amount and duration of spousal maintenance that is necessary for a spouse to earn enough income and satisfy their reasonable needs.
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What Are Typical Alimony Payments In Utah
In Utah, alimony is not entirely straightforward.
Its based on a very fact intensive formula.
And when things arent clear, peoples minds tend to go to the worst place, which in alimony land is: what is the most I will pay?
As we unpack that question, keep in mind that it has two main parts to it:
What Factors Does The Court Consider When Making A Decision About Spousal Support
Every significant aspect of your case will be taken into consideration by the courts decision-maker. Factors that must be taken into account include:
- Self-sufficiency and time to find a job or get the skills necessary for employment
- An individuals quality of life after marriage
- Time spent in a relationship
- The reasons behind the divorce
- The age of each party
- The state of health and well-being of each participant
Additionally, each partys other financial obligations and resources, such as previous awards of child support, obligations to their respective spouses and rights to receive retirement benefits, and the taxability or non-taxability of their income, are taken into consideration when determining alimony payments.
An alimony payment may either be a one-time amount or it may be ongoing. When determining how much and for how long help is required, courts often take into account the unique circumstances of each of the parties involved.
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Will I Have To Pay Alimony If I Get Divorced
Spousal support used to be more common than it is today. These laws have existed for more than 100 years, so there is a tradition of alimony being awarded after a legal separation has taken place. There are several factors that go into the likelihood that alimony will be awarded to one spouse or another. These include but are not limited to:
Women Are The Only Partners Who Are Entitled To Alimony
Alimony is not based on gender. One of the most common misconceptions is that only women can receive alimony in a divorce. Although men traditionally did not receive maintenance based on earning more income, men are also entitled to receive alimony in a divorce settlement. If the woman makes a higher income than her former spouse, or, there are other factors leading to the destruction of the marriage, the man can receive alimony too.
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How Long Does Alimony Last Utah
-How long do I have to pay alimony? With Utah law a person can generally not receive payments for longer than the marriage lasted, unless there are extenuating circumstances or the spouses agree otherwise. For example, if the couple was married for eight years they shouldnt expect payments for longer than
Speak To A South Jordan Alimony Lawyer Today
Alimony laws are a complex legal matter. Having a South Jordan spousal support attorney from Carr | Woodall on your side while handing alimony issues can make a significant impact on how much you will receive or have to pay. Please dont hesitate to contact our firm if you have questions or concerns about your alimony case.
If you find yourself facing an alimony issue, please call 988-9400 to speak to one of our South Jordan attorneys.
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How Much Alimony In Utah
how much alimony in utah
In practice, if you do pay alimony, you usually pay alimony for about ½ the length of your marriage. So, five years become two-and-a-half to three, ten years becomes five, etc.
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- Description: Now, if the husband makes good money and is able to pay that entire amount each month, wifes alimony award will be no more than $1,000. Utah
- Sumary: What You Should Know About Alimony in Utah | Snow Jensen & Reece, P.C. As if the emotional toll of divorce werent enough, the financial aspect can be devastating. A
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- Description: Most alimony payments in Utah are periodic and due on the first of every month unless the court orders otherwise. Most judges include an income
- Sumary: Understanding and Calculating Alimony in Utah Learn more about how judges determine alimony in Utah divorce cases. Its no surprise that for most couples, a divorce can cause financial instability.
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- Description: Generally, in determining alimony, the court considers the parties standard of living at the time of separation. In short marriages with no
- Sumary: Alimony Utah Courts Finding Legal Help You are not required to hire an attorney, but legal matters can be complicated. Consider talking to an attorney to go over your
Is There A Limit On How Much Alimony Can Cost
Statutorily, there is no limit to how much alimony can cost. Divorce law in Utah provides that the maximum amount of alimony that can be awarded to a recipient is his or her demonstrated need, which is weighed against that of the supporting spouse.
This means that alimony can cost however much the receiving spouse can effectively argue is needed. Its possible for judges under certain circumstances to order alimony payments that exceed the paying spouses disposable income.
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Many Factors Go Into Determining Spousal Maintenance
In calculating payments for alimony, also known as spousal support or spousal maintenance, the court looks at the couples standard of living at the time of separation, as well as:
- Whether the recipient spouse has custody of minor children, who also require support
- The recipients financial condition and ordinary requirements
- The recipients ability to produce income
- The paying spouses ability to provide support
- Whether the recipient has worked in a business owned or operated by the payee
- Whether the recipient directly contributed to any increase in the payees skills, either by funding their education or simply allowing them to attend school during the marriage
Fillmore Spencer LLC family lawyers are familiar with the states spousal maintenance calculation formulas and know which considerations judges have the most discretion over and which arguments they are likely to favor.
How Alimony Is Calculated In Utah
Here is what our Salt Lake City alimony attorney has to say about this. First of all, thank you for your question. If you feel that getting divorced is the best way you out, you should certainly go for it. Although being able to afford the cost of living is a vital element of happiness, do not jeopardize your happiness by staying in an unhealthy marriage.
Luckily for you, Utah family law offers plenty of options to level the playing field for both parties after a divorce. Letâs review some of the most common factors the court will consider when calculating your alimony:
- Each spouseâs ability to provide for himself/herself
- The needs of the spouse with lower income
- The impact the marriage has had on the spouseâs ability to earn a living due to staying at home and/or caring for a child
- The financial condition of the spouse with higher income and his/her ability to provide financial support for a prolonged period of time
- The length of the marriage
- Who has custody of a child requiring child support
- Whether the spouse with lower income was part of the business owned or operated by the other spouse and
- Whether the spouse with lower income contributed to an increase in the recipient spouseâs salary, the advancement of his/her career success or development of skills .
âNeedless to say, before asking for alimony, you will have to demonstrate proof that your former spouse has the ability to pay for it,â says our experienced alimony attorney in Salt Lake City.
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Tax Effects Of Alimony
Periodic alimony payments are usually taxable to the recipient and tax-deductible by the payer. Couples can sometimes take advantage of this situation by structuring alimony payments to create the best possible tax scenario for both spouses. The IRS generally treats lump-sum payments as property distributions even if the court or the couple refers to the payment as alimony. Under these circumstances there would be no tax effects for either spouse.
Spousal Support In Utah
The topic of spousal support or alimony may be as unpleasant as child support or custody in a divorce process. Divorcees with alimony problems should contact a St. George divorce lawyer immediately. Money is often the most problematic subject in a marriage and still is when a marriage ends. Many people believe they are entitled to more money from a former spouse, while others believe they owe nothing to their ex-spouse.
You need someone to fight for your alimony rights because you may not be able to adequately protect your interests without a lawyer. When one spouse was the primary income earner, a competent lawyer may be able to persuade a court to give alimony that is less than the other spouses whole wage.
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Aggravating Factors And Fault In Determining Alimony
The above-mentioned factors are the standardized factors considered by the court when determining alimony. There are also certain aggravating factors that may increase the amount of alimony the payor will be ordered to pay to the recipient.
These aggravating factors include fault on the part of one of the parties. Fault refers to any of the following misconduct during the marriage that substantially contributed to the dissolution of the marriage:
- Engaging in extramarital relations with someone outside of the marriage
- Intentionally causing or attempting to cause physical harm or abusing the other spouse or their child
- Intentionally behaving in a way that makes the other spouse or their child fear for their safety and
- Sabotaging the other spouseâs financial condition.
If any of the above-mentioned factors contributed to the divorce, the amount of alimony will increase or decrease depending on who was at fault, the payor or recipient, respectively.
Are Only Women Awarded Alimony
No. A common misconception is that only women can receive alimony from their ex-spouses. This misconception has grown out of societal norms in which men in heterosexual relationships are the higher earners in their household, while their wives either earn less income or none at all.
In fact, the courts cant take someones sex into account when determining alimony. Deciding whether or not to award it should be entirely a function of maintaining the lesser-earning spouses way of life, regardless of their sex.
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