Will I Pay or Receive Alimony if I Divorce?
Various rights and obligations exist between married persons. In the narrow context of spousal support, the law recognizes a spouse’s obligation to maintain the financial health of the jointly created marital unit. In certain circumstances, a spouse’s financial obligation to his former partner may continue in some form for some time afterwards. Divorce routinely highlights the unique earning capacities of each partner and his or her contribution made during the marriage. A divorce court has equitable powers to award spousal support based upon those differences.
A standard of living enjoyed during the marriage is the function of the total income and expenses contributed and incurred by each spouse during their time married and a touchstone used by courts in determining a subsequent alimony award.
Furthermore, as most marriages generally experience a rise in each partner’s income and a corresponding increased standard of living over time, the date picked to focus on lifestyle of the marriage can make a significant difference.
As a general rule, courts look to the standard of living existing at the time partners separate. The courts attempt to equalize the parties' respective standards of living where possible. However, in marriages of short duration where no children are conceived, the court can look to the standard of living at the time they married with less emphasis on the changes occurring thereafter.
In contrast, when a marriage of long duration dissolves on the threshold of a major change in the income of one of the spouses due to the collective efforts of both, or if one spouse’s earning capacity has been greatly enhanced through the efforts of both spouses during the marriage, the court can give one spouse a greater portion of marital property or a greater alimony award.
A standard of living enjoyed during the marriage is the function of the total income and expenses contributed and incurred by each spouse during their time married and a touchstone used by courts in determining a subsequent alimony award.
Furthermore, as most marriages generally experience a rise in each partner’s income and a corresponding increased standard of living over time, the date picked to focus on lifestyle of the marriage can make a significant difference.
As a general rule, courts look to the standard of living existing at the time partners separate. The courts attempt to equalize the parties' respective standards of living where possible. However, in marriages of short duration where no children are conceived, the court can look to the standard of living at the time they married with less emphasis on the changes occurring thereafter.
In contrast, when a marriage of long duration dissolves on the threshold of a major change in the income of one of the spouses due to the collective efforts of both, or if one spouse’s earning capacity has been greatly enhanced through the efforts of both spouses during the marriage, the court can give one spouse a greater portion of marital property or a greater alimony award.
Divorce FAQ
The foregoing information is general, non-case-specific information and is not intended to constitute legal advice or to form an attorney-client relationship. We provide aggressive, competent representation in all areas of divorce and family law, including child custody, visitation, child support, alimony awards, modifications, guardianships, adoptions, prenuptial agreements and all related matters. To schedule an appointment with one of our attorneys, please contact our office at 801-377-4652.
Courtyard at Jamestown
3575 North 100 East
Suite 325
Provo, Utah 84664
Phone: 801-377-4652
Fax: 801-377-4673
3575 North 100 East
Suite 325
Provo, Utah 84664
Phone: 801-377-4652
Fax: 801-377-4673
