When my husband I decided to start a business, we didn't think about the legal aspects of doing so. We didn't realize that purchasing business insurance, getting building permits and making investments all required some type of legal advice. But after speaking to a close friend, who also happens to own a small business, we contacted a business attorney. Now, we have the legal smarts to make the best decisions for our business, as well as the legal representation in case something happens to our company. I hope that you find my blog helpful and informative for your own business. It's a great resource for finding the legal advice, resources and guidance you need to get your company up and running.
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3 Important Things To Know About Spousal Support In Utah
Ronnie Mills
Are you getting divorced in Utah and are considering asking for spousal support? Spousal support used to be called alimony and was traditionally awarded to women in the past, as women were traditionally housewives who needed financial support to pay their bills after a divorce. Today, spousal support can be awarded to a spouse of either gender, though judges prefer to not award it at all. In the modern era, both spouses are generally expected to work and support themselves. However, there are exceptions to this rule. Ask your family law attorney if your situation qualifies as an exception, and how much spousal support you are likely to be awarded.
Spousal support rules vary from state to state. If you are getting divorced in Utah, here are three important things to know about spousal support before asking the judge to award it to you.
1. You Probably Won't Get Awarded Spousal Support Forever
According to DivorceNet.com, when spousal support is awarded in Utah, it is usually only for the number of years the marriage lasted. That is the general rule of thumb. Of course, there are a few exceptions to this.
Spousal support may be terminated early if:
- Your ex dies
- You remarry
- You move in with someone who makes enough in income to support you both
2. Your Ex's Pre and Post-Marital Conduct Can Mean a Bigger Award for You
Unlike most states where the ex's new spouse or partner's income cannot be considered in how much your spousal support award is, this is not the case in Utah. In Utah, your ex can be ordered to pay you more in spousal support if they re-marry someone who makes a significant income contribution to their household. It's up to the discretion of the judge whether to increase your award based on your ex's new spouse's income, but it is sometimes an effective argument for an increase.
What makes it more likely your spouse's new marital or co-habitation status will increase your spousal support award is if they marry or live with someone they had an affair with while they were married to you. Having an affair means your spouse was "at fault" for the divorce. Judges are more likely to count this person's income in determining whether to increase your spousal support award, because this person is considered instrumental in the breakup of your marriage in the first place.
3. Your Spousal Support May Be Increased If Your Own Circumstances Change
It is not just the change in your ex's relationship status that can increase your spousal support payments. Changes in your own personal circumstances can also move a judge to increase your spousal support income.
However, the increase must be due to a change in circumstances that existed at the time of the divorce. Spousal support payments will not be awarded if circumstances in your life change that were not present at the time of the divorce.
For example, your spousal support may be increased if you lose the job you had when you divorced or if you are going to school to become employable and there is a tuition increase. Spousal support will not be increased if you lose a job you got after the divorce or if you start going to school after the divorce and the tuition increases.
Conclusion
If you are not able to support yourself financially after your divorce and can prove it, you may be granted spousal support in Utah. Just don't expect it to last forever. Eventually, the court will expect you to become self-supporting, unless there is an age, health, or disability issue. Talk to your family law attorney about whether or not you should ask for spousal support and get an idea of how much the court may award you if you qualify. For more information on divorce in Colorado or other areas, talk to family law professionals in your area.
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