When Is Alimony not Awarded in Utah Divorce?

Alimony isn’t like child support.

When there’s a child in a Utah divorce, a court will award child support. It’s pretty much that simple.

Alimony isn’t automatic like child support. Whether it’s awarded really depends on the particular facts of each situation.

How Alimony Works in Utah: A Very Quick Primer

Here’s a very quick primer on how Utah courts usually think about alimony.

A spouse must show he or she has need of alimony in order to receive an alimony award. Here’s how Utah courts normally calculate need.

First, you look at the spouse who makes the least amount of money and determine what his or her income is (income is really any money coming in from any source) and what the reasonable monthly expenditures are (e.g., debts, mortgage, daycare, food, etc.). If that spouse runs in the red (i.e., more goes out than comes in), then there is a need for alimony.

Second, you do the same calculation for the spouse who makes more money and you see if that spouse has more money coming in than going out. If so, then that spouse has the ability to pay alimony. If one spouse has a need, and the other spouse has the ability to pay, then an alimony award is likely.

When Alimony Is not Awarded in Utah Divorce

Now that we have a basic handle on how Utah courts think about alimony, here are some of the most common situations in which alimony is not awarded:

  1. Couple was married for a short time.

Any marriage less than 4 years is unlikely to result in an alimony reward. 4 through 6 six years, much more likely to get some sort of alimony award, even if it doesn’t last long. Anything over 7 and you’re in the alimony zone.

  1. Both spouses make about the same amount of income.

If both spouses make about the same amount, then when you run the numbers, both spouses have about the same need for alimony, or the same non-need for alimony. Either way, neither is paying the other.

  1. There is no need for alimony.

If both spouses make enough money, and there no need for alimony, then there will be no alimony award. Utah courts are very clear that if there is no need, there is no alimony.

  1. The spouse who should pay alimony doesn’t have the money to pay alimony.

In some Utah divorces, even if there is a need for alimony, there simply isn’t money to pay alimony. When there really isn’t enough to pay, courts will often not order alimony.

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
4.8
Based on 920 reviews
Marco is beyond insightful!
Great support, Russell and Connor were amazing and got my case dismissed in only 2 months. Great communication with weekly calls. Easy to work with and were very conscious on not overspending my budget. Great team.
Response from the owner:Daniel, thank you for the kind words, and happy Russell and Connor did well for you.
Anne Greyson long was great to work with she really listens and fights for her clients thank you so much for all your hard work
Response from the owner:Thank you, Heather. Glad Anne-Greyson helped you so well.
You get what you pay for, and the Brown Family team is worth every penny. We truly appreciated their team-based approach, making sure that every detail of our case was thoughtfully handled. They were incredibly easy to work with, kept us informed throughout the process, and made sure no question ever went unanswered. By far the best family attorneys I’ve worked with, and the only ones I’ll call if I ever need legal help again.
Response from the owner:Chris, thank you. Glad we were able to guide you through your process.
Andrew made the whole process smooth and quick! Kept me updated on any changes, and followed up with me constantly!

Made me feel at ease throughout the whole process and made sure I felt seen/ heard!
Response from the owner:Joselyn, thank you for the kind words.
David Handy is my attorney and he is excellent. He understands my cases and is well informed to defend my needs and the needs of my kids. He is supportive and compassionate. Telling me how things are and what to expect. He does very well with my high conflict cases (protective order and divorce). I highly recommend him and the Brown Family Law firm. Everyone I have talked to is helpful. Especially Conor Schetzel who is currently the paralegal on my cases.
Response from the owner:Suzanne, thank you and glad David has taken care of you.
Nathaniel Garrabrandt and Brown Family Law is where I send people who are seeking Divorce. Highly professional and compassionate. Thank you!
Response from the owner:Jaren, thank you for the referrals.
I cannot say enough good about my experience with Brown Family Law. Ray Hingson and paralegal Carren did an excellent job with my case. I will definitely use this firm again for any legal issues.
Response from the owner:Meghann, so glad Ray and Carren took good care of you.
I have worked with Andrew Christensen many times in a variety of situations. I am very impressed with his friendly demeanor in a difficult situation. I would highly recommend him to you without any reservations.
Response from the owner:Thank you, Monica.
Highly recommend Brown Family Law. Life is hard, divorce is harder, and Andrew Christensen is your guy to help you through to the other side.
Response from the owner:Mike, thank you for the kind words and the referrals.
yH5BAEAAAAALAAAAAABAAEAAAIBRAA7

Categories

Related Posts