Most Common Reasons To Modify Alimony in Utah

If you’ve been through a divorce, you know that alimony is one of the most contentious aspects of the process.

No one likes to pay alimony. Men don’t want to pay their soon-to-be-ex wives to be their exes.

Women, oh, golly, women hate paying their soon-to-be-ex husbands (often called “the loser”) alimony.

Once the divorce is done and alimony is set, everyone steps back and takes a deep breath. Everyone unwinds and de-stresses.

Then life happens, and alimony needs to change.

Here are a few of the most common reasons for changing Utah alimony.

  1. Loss of job

Job loss is by far one of the most common, if not the most common, reasons for modifying alimony in Utah.

Modifying alimony because of a job loss is most successful when (1) the job loss was not voluntary (e.g., lay-offs); (2) the job loss is permanent (i.e., you aren’t going to get rehired after a couple months); and (3) the job loss results in a reduction in income at your new job.

(Keep in mind: quitting a job is not losing a job. If you quit, the court may well tell you to keep paying the same alimony.)

  1. Change of job

Change of job is similar to loss of job, and the factors that lead to a modification in alimony after a job loss apply to a change of job.

The problem we most commonly face with job changes is when income significantly drops at the new job.

If a job change was voluntary and resulted in a major drop in income, the court will often say the person changing jobs is underemployed. Underemployment means you could and should make more money, so the court will make you continue paying alimony as if you made more money.

If the new job and decline in income was necessary, then courts will allow for a decrease in alimony.

  1. Ex gets remarried

Unless explicitly stated otherwise, in Utah you stop paying alimony when your spouse remarries. This is usually pretty straightforward because you know when it happens (family will tell you).

If your ex lied about being married and someone paid alimony when they shouldn’t have, we can go back to court and get that money back. Lying about being remarried to continue receiving alimony is fraud.

  1. Ex cohabits

Like remarriage, when the person receiving alimony cohabits, alimony stops. (Cohabiting, in its simplest form, is when your ex lives with someone and has sex with them. It’s a bit more complicated than that, but that’s the heart of it.) Unlike remarriage, people lie about cohabiting all the time in order to keep receiving alimony.

Proving cohabitation often involves employing a private investigator to gather evidence. Once enough evidence has been gathered, the spouse paying alimony files a motion to terminate alimony.

  1. Retirement

Retirement almost always means monthly income goes way down, which almost always means the person paying alimony can’t pay it anymore.

Modifying alimony at retirement is most successful when: (1) retirement happens at a normal age (e.g., 65); and (2) you can’t reasonably be expected to work another comparable full-time job after retirement.

Conversely, if you’re 45 and you retired after hitting your 25 years, Utah courts will expect you to go get another job and continue paying alimony.

  1. Your Ex makes a lot more money

There are some situations where a person receiving alimony has a big increase in income and doesn’t need alimony anymore. It doesn’t happen too often, but when it does, it’s certainly a basis for modifying or terminating alimony.

For example, if someone makes $50,000 per year and needs $1000 per month in alimony to make ends meet, alimony might be $1000 per month for ten years. Let’s say that five years later the person receiving alimony is make $95,000 per year. Well, that person doesn’t need $1000 per month anymore, and alimony might well end.

Call Brown Family Law

If you find yourself facing a divorce, please call 801.685.9999 for a legal in-person consultation, or use our online scheduling tool.

Protect Your Money And Your Family

We remove fear associated with divorce, protect your money & maximize time with your kids!

We're here to help. Let's determine your best options.

Call Us 24//7 at 801-685-9999 to Speak with a Live Representative

Utah Divorce FAQs
Top 100 Divorce Blog
What Clients Are Saying…
BrownLaw icon
Excellent
Brown Family Law
Based on 949 reviews
Russell Yauney was my attorney at Brown Family Law. Throughout the process, Russell and his paralegal Conor, were extremely helpful and patient. They were highly responsive, thorough, and most importantly: did not make me feel insignificant or embarrassed for asking clarifying questions. Russell made himself available and whenever he wasn't, Conor was. The Friday Phone Calls were reliable and I knew I could expect an update each week. The firm's texting abilities also made it easy to send a quick question/concern if I ever needed it. Russell was a fantastic attorney and guide to have throughout my situation. I highly recommend this firm.
This law firm went above and beyond for me and my case. I would highly recommend them to anyone needing a good lawyer for custody issues.
Response from the owner:Thank you, Denney. So glad we could help.
Carren is absolutely amazing! Made things easy and always was helpful explaining.
Shout out to Carlos! Very nice, and knows the value of good legal representation.
Jennifer and Dani did a wonderful job handling my case. The communication and accessibility were top notch.
Brown Family Law is very professional. They use their phenomenal expertise to manage every case with care. I would highly recommend them.
Response from the owner:Thank you, Kim. Glad we could help.
Very thorough and on top of dates and timing for various documents.
My attorney Andrew Christensen was great! He was very helpful while being realistic and upfront with me at the initial consultation. He did a great job of guiding me and answering any questions I had throughout the whole process. My paralegal Carren Leavitt was also very helpful. I appreciated her weekly check-ins, for the aid she provided, and the questions answered.
Clay Randle provided exceptional support and counsel. He was patient, knowledgeable, and thoughtfully addressed my many questions and concerns. Thank you very much!
Paul and Dani were incredibly communicative, educational, willing to work with our unique circumstances, and took the whole process from complicated and overwhelming to simple. Highly recommend!!
yH5BAEAAAAALAAAAAABAAEAAAIBRAA7

Categories

Related Posts