Alimony Attorney in Orem
Alimony, also called spousal support, is money that one spouse may be ordered to pay the other during or after a divorce. It is meant to help balance financial situations after separation, but it can be complex and depends on many factors.
Who Can Get Alimony?
Either spouse can request alimony. It can be awarded temporarily while a divorce is pending or for a longer period after the divorce is finalized.
When deciding whether to award alimony, the court considers:
The standard of living during the marriage
The recipient’s financial needs
The recipient’s earning capacity (past work history, ability to work, barriers such as disability or childcare)
The paying spouse’s ability to provide support
The length of the marriage
Whether the recipient has custody of minor children
Whether the recipient contributed to the other spouse’s education, career, or business
Fault (affairs, abuse, threats, or financial harm)
In longer marriages (10+ years), especially when one spouse stayed home to care for children, the court may try to equalize the standard of living between spouses unless there is a good reason not to.
Alimony usually cannot be ordered for longer than the length of the marriage, except in special cases.
Temporary Alimony
During a divorce or separation case, the court may order temporary alimony. However, if the receiving spouse is living (cohabiting) with a new partner, the court cannot order temporary alimony and must terminate any existing order.
Terminating Alimony
Alimony ends automatically if:
The recipient remarries (unless the decree says otherwise)
Either party dies
It also ends if the recipient cohabits with another person after the divorce. The paying spouse must prove cohabitation in court—payments cannot just be stopped on their own. A motion to terminate alimony for cohabitation must be filed within one year of discovering it.
Modifying Alimony
Alimony can be modified if there is a substantial change in circumstances, such as:
Retirement
Significant changes in income or employment
Barriers preventing the recipient from earning the income the court assumed they could make at the time of divorce
To modify alimony, the change must be major, ongoing, and not already addressed in the divorce decree.
Enforcing Alimony
If a spouse does not pay court-ordered alimony, the other party can file a motion to enforce the order. The court may:
Enter a judgment for unpaid amounts
Hold the non-paying spouse in contempt, which can include fines or even jail time
Out-of-State Alimony Orders
Before an alimony order from another state can be enforced or modified in Utah, it must first be registered with a Utah court.
When facing the financial complexities of divorce, having an experienced advocate on your side makes all the difference. At Blakelock Law, our dedicated Alimony Attorneys in Orem provide knowledgeable legal guidance to help you understand your rights and pursue a fair resolution. Whether you are seeking alimony or responding to a request, we are committed to protecting your financial future. Contact Blakelock Law today to speak with skilled Alimony Attorneys in Orem you can trust.