The Court’s Discretion in Determining Alimony

While many states have child support guidelines and determining child support is just a matter of running the numbers through a formula, alimony is not so objective. In fact, states vary greatly in how their courts address and rule on alimony. In Utah, much regarding alimony is left to the judge’s discretion, which is why Salt Lake City alimony lawyers can provide valuable legal help by advocating on your behalf.

An article published by the Utah State Bar points out that while fault for the marriage breakdown is a factor that judges can consider based on Utah statutes, historically, Utah judges have not weighed the fault factor frequently or heavily when awarding alimony. This is in contrast to states like Virginia, where a spouse who was at fault for the marriage breakdown cannot receive alimony, or other states that do not consider fault as a factor at all. Issues weighed by Utah courts are more along the lines of what alimony amounts should be and whether to continue alimony payments after a certain time passes. Courts base their decisions on the needs of the spouse receiving alimony, the ability of that spouse to generate his or her own income, the other spouse’s ability to pay and whether, through alimony, the court can equalize or help the spouses maintain their normal standard of living post-divorce.

When dealing with alimony, you definitely want skilled and knowledgeable Salt Lake City spousal support attorneys on your side.

Intermountain Legal offers a free consultation to discuss your concerns and objectives about alimony and explain how we can help.