Practice Areas
Spousal Support
Spousal Support in Salt Lake City
Spousal support (alimony) is a form of spousal support that can be awarded to provide financial assistance to a spouse in need, the “dependent spouse”. At any time after separation, and before a divorce is granted as well as at the time of entering the final order (Decree of Divorce) after the parties settle or finish trial, the court may entertain a claim for post-separation spousal support (also sometimes called alimony).
Unlike child support in Utah, there is no calculator that determines an amount of spousal support. The amount and duration of an award of spousal support are unique to facts of each individual case. In general terms, the Utah courts look at what we call the “Jones factors” to determine whether a party has a need for spousal support and whether the other party has the ability to pay spousal support. Utah courts also have equitable discretion to attempt to equalize the parties’ lifestyles.
The length of a spousal support award will depend on the specific facts of each individual case. In most instances, the spousal support cannot be longer than the term of the marriage and would terminate upon the remarriage, cohabitation, or death of the dependent spouse (earliest of those) and would also terminate upon the death of the payor spouse.
How Courts Determine Spousal Support in Utah
When awarding spousal support, Utah courts carefully review multiple factors beyond income and expenses. These include the length of the marriage, each spouse’s earning capacity, contributions to the household (including as a homemaker), and sacrifices made for the other spouse’s education or career. A skilled Salt Lake City spousal support lawyer can help present these details to the court in a way that highlights your unique circumstances. Judges aim to strike a balance that is fair to both parties, ensuring that the dependent spouse’s needs are met while also considering the payor spouse’s ability to maintain stability.
Types of Spousal Support
Utah courts may award temporary support while a divorce case is pending, known as pendente lite support. Longer-term support may also be granted after the divorce is finalized. In some cases, rehabilitative support is available to help a dependent spouse gain the education or training needed to reenter the workforce. Permanent alimony is rare but may be awarded in marriages of long duration. Working with an attorney ensures you understand what type of support may apply in your situation and how best to advocate for it.
Modifying or Terminating Spousal Support
Life changes after divorce, and Utah law allows for modification or termination of alimony when substantial changes occur. For example, if the paying spouse loses employment or the receiving spouse gains significant income, either party can request the court to revisit the award. Cohabitation, remarriage, or death also brings support to an end. A Salt Lake City spousal support lawyer can guide you through the modification process, presenting evidence of the changes and advocating for a fair adjustment.
Why Legal Representation Matters
Because spousal support decisions are fact-driven and left to the judge’s discretion, legal advocacy is critical. An experienced attorney can help gather documentation, calculate reasonable budgets, and present persuasive arguments in court or during negotiations. Without proper guidance, you risk an award that is either too little to meet your needs or too burdensome to pay. Representation ensures your rights are protected and that outcomes reflect your long-term financial security.