Practice Areas
Spousal Support
Spousal support (alimony) are forms 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.