Going through a divorce can be a stressful experience. Besides the emotional difficulties, financial worries may also keep divorcing spouses awake at night, especially if they are the lower-earning spouse in the relationship.
Spousal support, which is also referred to as alimony, is money that one party pays to the other party while they are separated, going through the divorce process, or after the divorce is finalized. The court typically issues an order dictating who gets spousal support and how much they will receive. Because this can be difficult to change after the fact, it is essential to have a Lehi spousal support lawyer by your side to ensure the agreement is fair. A family law attorney understands the factors that affect spousal support and can help you protect your financial future.
Eligibility for Spousal Support
Under state law, either spouse may be eligible for spousal support. Generally, when determining eligibility, the court will first consider both parties’ standard of living. The court will also review other factors before making a final determination, such as the following:
- The income and/or earning capacity of both parties
- The financial needs of both parties
- Length of the marriage
- Whether or not there are children involved
- The contributions of each spouse to the marriage (both financially and otherwise)
A spousal support attorney in Lehi could review the specific facts of your case and advocate on your behalf to secure the best possible outcome.
Factors Affecting Spousal Support
Every marriage is different, so spousal support will vary case by case. For example, a spousal support determination in a short marriage with no children involved will likely be very different from a marriage with children that lasted for more than ten years, especially if one spouse dedicated themselves to caring for the family and gave up employment outside the home.
Standard of Living
When deciding how long to award spousal support and in what amounts, the court is likely to first consider the standard of living during the marriage. The court will review information like income and the value of real and personal property, as well as other aspects of the spouses’ lives, to understand what the expectations were during the marriage.
The Needs of the Spouses
Next, the court will consider the needs of the spouse receiving alimony, as well as the ability of the paying spouse to provide the payments. The court will request information about the parties’ monthly debts and other expenses and obligations, both during and after the marriage. For example, the spouse asking for support would need to tell the court about their monthly expenses, such as:
- Mortgage
- Utility bills
- Car payments
- Insurance premiums
- Education-related costs
- Estimated grocery expenses
A Lehi alimony lawyer could gather all relevant documentation to estimate spousal support payments and recommend the best course of action for your case.
Earning Capacity
The court will also consider the earning capacity of the spouse asking for support. To make their determination, the spouse may have to provide information about their educational attainment, past employment history, ability to work, and sources of income. Certain circumstances may also influence a determination, including:
- Whether one spouse worked for the other spouse or for a business owned by the spouse’s family
- Whether one spouse supported the other spouse by paying for their education or supporting them while they attended school during the marriage. For example, if a wife worked for several years and supported the family financially while the husband attended medical school, this will be taken into account even if she stopped working later.
Seasoned legal counsel knows how to prove a spouse’s earning capacity and could work to use this to your advantage.
Infidelity/Fault of Party
While Utah law permits the court to consider the conduct of an unfaithful spouse, presenting this issue effectively can be complex. That’s why it’s essential to consult with an attorney to develop a strategic approach tailored to your specific circumstances.
Enlist the Help of a Lehi Spousal Support Attorney Today
Going through a separation or divorce can feel overwhelming, especially if you are concerned about your financial future. Being awarded spousal support or not is something that will influence your financial security for months or even years to come.
If you are planning to file for divorce, consider reaching out to a Lehi spousal support lawyer. Your attorney could advocate for you during the divorce process and help you build the strongest possible case.