Alimony or spousal support is a misunderstood aspect of divorce. You may think that you know how alimony works in Utah. Unfortunately, there are many myths about alimony and you may feel bad knowing you believed at least one of them. So, to make sure you are making the right decisions for yourself and your family after divorce, you need to seek legal advice from a skilled family law attorney. Your attorney can walk you through some of the myths about alimony. These myths include the following:
Alimony is a Thing of the Past
While alimony is no longer as common as before, it can still be awarded. Many divorcing couples don’t end up with an argument regarding alimony as most of them work and may not need support from their soon-to-be-ex.
Alimony is Only Available to Women
Most of those who receive alimony are women; however, this does not mean that mean cannot get it. Indeed, statistics show an increasing number of men who get alimony. After all, a huge percentage of households in the state have a female breadwinner.
Alimony is a Permanent Award
In the state of Utah, alimony is awarded based on a spouse’s need and the ability of the other spouse to pay. Alimony helps the recipient maintain almost the same standard of living they had during the marriage. However, many depend on the circumstances.
When younger couples decide to divorce after a few years of marriage, the lower-earning spouse may return to work and support themselves. In this case, alimony could be awarded for a limited amount of time to help this spouse recover financially. In general, alimony is not awarded for a period longer than a marriage’s duration.
Fault is Not Considered in Alimony Determinations
In Utah, neither spouse needs to allege or prove fault to file for divorce. However, fault is still relevant, particularly when determining whether or not to award alimony and its terms.
Only Death or Remarriage Can Terminate Alimony
While alimony terminates upon the death or remarriage of the recipient, there are circumstances in which it ends. This can happen when the divorce decree provides for the termination of spousal support. This might take into effect following a certain period or upon the occurrence of a particular event.
Utah alimony ends when the recipient cohabitates with a partner, during or after divorce. But the paying spouse must establish the cohabitation and obtain a court order to terminate spousal support before they can quit paying payments. Termination of alimony is still possible even if the recipient is no longer living with their partner as long as the cohabitation can be proven.