What Qualifies a Spouse for Alimony in Utah

When a marriage ends, many questions arise about your finances, like: 

How will your retirement assets be divided? Who gets the house? Who will pay the credit card debt? More importantly, will you qualify for alimony after divorce, and how much? 

Alimony, or spousal support, is a payment from one spouse to another after a divorce. The purpose of alimony is to help the lower-earning spouse maintain a stable life even after the marriage ends.

Understanding what qualifies a spouse for alimony is a must if you are heading for a divorce. Like all other states, Utah has its own laws regarding divorce alimony, and knowing these rules can help you protect your rights.

Let’s dig into this complex and often contentious issue.

Understanding Basics of Alimony in Utah

Contrary to popular belief, getting alimony after a divorce is not an automatic process. It usually applies when one spouse earns more than the other and where financial help is necessary to balance living standards between both parties. 

The goal is not to “reward” or “punish” either spouse, but to ensure financial stability. As a result, Utah courts consider several factors before deciding if divorce alimony is warranted, for how long, and how much.

Primary Factors That Influence Alimony Eligibility

In Utah, courts typically consider the following factors to decide whether a spouse qualifies for divorce alimony. Let’s break them down one by one.

1. Length of Marriage

The length of marriage is one of the most critical factors in deciding alimony in Utah. A long-lasting marriage, typically ten years or more, may increase your chances of getting alimony. Courts believe that spouses often merge their financial lives in long-lasting marriages, making it necessary to provide financial support to the lower-earning or dependent spouse. 

2. Standard of Living During Marriage

The lifestyle you had during the marriage is another factor. Utah courts look at the standard of living both spouses enjoyed during the marriage to ensure one of them does not experience a sudden drop in their quality of life. 

For example, if you lived in a comfortable home, had health insurance, and enjoyed financial stability, getting alimony after the divorce may help you maintain that standard if you are a lower-earning or dependent spouse.

3. Income and Earning Capacity of Both Spouses

If there’s a significant income gap between spouses, the lower-earning partner is more likely to qualify for alimony after the divorce. But it’s not just about current income. Utah courts also look at your and your spouse’s potential earning capacity. 

If your spouse has more education, skills, or experience, they might be expected to support themselves eventually. This could reduce or limit the alimony amount and duration. Likewise, the court will consider how much the spouse can afford to pay in divorce alimony. 

This means looking at their income, assets, and debts. If the paying spouse has a stable job and relatively fewer debts, they might be ordered to pay divorce alimony. However, if they are struggling to make ends meet, the court might decide against it.

4. Age and Health of Each Spouse

Age and health play an equally critical role in deciding who pays alimony in Utah and for how long. An older spouse or someone with health issues might find it more challenging to get a steady job or be self-sufficient after divorce.

Situations like this can significantly influence, not just divorce alimony, but also other factors like child support and child custody. As far as alimony is concerned, courts try to provide each spouse with the required financial support based on their age and health.

5. Contributions to the Marriage

Contributions to the marriage include financial support and things like raising children or managing the household. If your spouse was a stay-at-home parent, they likely put their career on hold, which can make it difficult to find a job after a divorce. Utah courts recognize this contribution and often grant divorce alimony in such cases.

If you paid for your spouse’s education, building a family business, or homemaking, the court will also take them into account when deciding alimony in Utah. If you supported your partner’s career growth, you may qualify for alimony after divorce to acknowledge the time and effort you put into supporting the marriage.

6. Fault in the Divorce

While Utah is primarily a no-fault divorce state, fault can sometimes influence alimony decisions. If your spouse’s actions, like adultery or substance abuse, led to the divorce, it might affect alimony amount and duration. 

However, this is not always set in stone and may vary on a case-by-case basis. As with any other decisions like child custody, the focus remains on finding a just solution rather than assigning blame.

7. Prenuptial or Postnuptial Agreement

Another lesser-known factor that can influence alimony decisions in Utah is a pre or postnuptial agreement. Some couples sign these agreements, which may include alimony terms. If a legally binding agreement exists, the court will often adhere to its terms, provided they are fair and reasonable.

Types of Alimony in Utah 

In Utah, the spouse applying for spousal support can receive one of the following types of alimony depending on the circumstances. 

1. Temporary alimony is awarded for a limited time, usually during the divorce process, to help the dependent spouse financially. Once the divorce is final, it may end or change into a different type of alimony in Utah.

2. Rehabilitative alimony helps the dependent/lower-earning spouse be independent, typically through education or job training. The support stops once the spouse becomes self-sufficient.

3. Permanent alimony is typically awarded in long-term marriages and lasts until the recipient remarries or either spouse dies. It is less common today but may apply in cases where one spouse cannot be financially independent for valid reasons.

4. Reimbursement alimony is awarded when one spouse supports the other’s education or career during the marriage. 

Can You Modify or Terminate Alimony in Utah

Almost all alimony orders in Utah are subject to change depending on life circumstances. This may include but isn’t limited to situations like:

If you are the paying spouse, and you lose your job or income or become seriously ill or injured, you can apply to modify the alimony. If your spouse becomes financially independent, you can request a modification. Permanent alimony typically ends if you are paying alimony and your spouse remarries. Cohabitation with a new partner may also be grounds to reduce or end alimony. When the paying spouse retires or reaches retirement age, they may request the court to review and potentially end the alimony. 

How to Strengthen Your Alimony in A Utah Divorce Case

You can strengthen your chances of receiving alimony, provided you qualify. 

Here’s what you can do:

1. Gather Financial Documents

Gather all your financial documents showing income, assets, expenses, and debts. This includes tax returns, bank statements, and any property or assets owned.

2. Document Your Contributions

List all your contributions, especially non-financial ones, such as raising children, managing the household, or supporting your spouse’s career. This may include photos, emails, or witness statements, among other things.

3. Highlight Your Financial Needs

Work out how much support would help you meet your needs. You can list your monthly expenses, including housing, medical, and education costs. Just be sure these expenses reflect your standard of living during the marriage.

4. Hire A Divorce Attorney in Utah

Alimony laws can be complex, and having a skilled Utah divorce attorney on your side can make a world of difference. They can help you understand whether you qualify for alimony after divorce, how much, and for how long. Moreover, they will help you collect and examine the evidence and present a strong case in court.

Get The Alimony You Deserve 

Alimony is not a one-size-fits-all solution. Utah courts consider various factors, including the length of your marriage, financial resources, and each spouse’s contributions when deciding if one of you qualifies for alimony. It’s common to award alimony in long-term marriages, but things can get complicated, making it necessary to seek legal help.

Henriksen and Henriksen have helped many Utahans get the alimony they deserve. If you believe you may qualify for alimony after divorce, we can help you. Schedule your consultation today to get started!