Salt Lake City Spousal Support Attorney

Dedicated Spousal Support Attorney Serving Clients in Utah

Spousal support – also referred to as alimony – is financial support that one spouse may be ordered to pay to the other following a divorce. Spousal support is meant to address any financial disparities between the couple, especially if one spouse was the primary breadwinner during the marriage, while the other spouse was a stay-at-home parent or earns significantly less income. The court may also award temporary spousal support to be paid while the divorce process takes place, especially if the process is taking an extended period of time.

Spousal support does not automatically apply to each divorce situation the same way child support does. The divorce attorneys at Collins Rupp, P.C. have extensive experience in divorce cases where alimony is a factor, and we can evaluate your situation to determine if this will be an issue in your divorce. Whether you are the spouse who may qualify for spousal support or the spouse who may be ordered to pay, you can be assured that our focus will be on negotiating the most beneficial divorce decree based on the circumstances of your case.

Qualifying for Spousal Support

When determining whether spousal support should be awarded, there are several factors the court will consider. First and foremost, the court will consider what the needs of the spouse requesting alimony are, while also considering if the other spouse has the ability to pay. It is also important to note that the amount of child support a spouse may be ordered to pay does not have any bearing on whether or not spousal support should also be ordered.

Some of the factors that the court will examine include:

• The length of the marriage
• Each party's financial needs and the resources available to each spouse
• The standard of living during the couple's marriage
• The age and health of each spouse
• Each spouse’s employability and earning capacity

The process for obtaining alimony can be complex, since the spouse requesting the support must demonstrate the need for it. This is why it is important to have a skilled spousal support lawyer from our law firm advocate for you.

How Long Do Spousal Support Payments Last?

The duration of spousal support payments can vary widely depending on the circumstances of the divorce, including the length of the marriage, the earning capacity of each spouse, and other factors listed above. Spousal support may be temporary, rehabilitative (to allow the recipient to become self-supporting), or permanent. In most cases, the court will not order spousal support to be paid for a period longer than the length of the couple's marriage.

Long-term spousal support is more common in longer marriages involving older spouses, especially if one spouse was the primary wage earner, while the other spouse took care of the family and home. Short-term or temporary spousal support is more common in divorces involving younger spouses. It allows the lower-earning spouse to return to work or school and become self-supporting.

Our spousal support lawyers will work to get you the most beneficial court-ordered alimony possible based on your situation. Keep in mind, however, that your spousal support payments could end sooner if you remarry. The court can also order spousal support to stop if you are cohabitating with a partner.

Prenuptial Agreements

If you and your spouse signed a prenuptial agreement before you were married, you may have made decisions about spousal support, including whether a spouse will pay, how much the payments will be, and how long the payments will last. If your agreement did not address support, or if there are questions about whether the terms of your prenup are fair to both spouses, our spousal support lawyers can help you determine the best ways to proceed. In some cases, we may be able to have an agreement declared invalid by the court if it is determined to be unconscionable or if it does not meet the requirements to be legally enforceable.

Contact a Salt Lake City, UT Spousal Support Attorney

The goal of spousal support is to provide financial support and stability to divorced individuals who may not have the same economic advantages as their spouses. If you are ending your marriage, make sure you have a skilled attorney from Collins Rupp, P.C. advocating for you. Call 385-777-2753 today to schedule a free and confidential consultation.