Divorce can leave two people trying to support separate households with income that once paid for one. Sometimes both spouses are in a similar financial position. Other times, one has spent years building a career while the other stepped away from work, earned less, or handled more of the responsibilities at home.
An alimony lawyer in Millcreek can help you look at that financial gap and what spousal support could realistically mean after the marriage ends. Brown Family Law has focused exclusively on family law for more than 15 years. We don’t approach alimony as a contest over who gets more or pays less.
Our family lawyer in Millcreek looks at how the marriage actually worked financially and what each person is facing now. That gives us a better starting point for pursuing an outcome that makes sense beyond the divorce proceedings themselves.
Start With What It Cost to Live During the Marriage
Alimony isn’t determined by comparing two salaries and calculating the difference. The financial life the spouses built together matters too. Utah Code section 81-4-502 directs courts to consider the standard of living during the marriage, including income and the approximate value of real and personal property.
The financial needs and earning capacity of the spouse seeking support are part of the analysis, along with the other spouse’s ability to pay. Tax consequences are now expressly included among the factors as well.
Get Clear Guidance for Your Divorce
An Alimony Attorney in Millcreek Can Look at the Earning Gap
A difference in income may have developed gradually. One spouse might have reduced work hours when children were young. Someone may have passed up career opportunities because moving or staying home made more sense for the family at the time. Years later, those choices can show up as a significant difference in earning capacity.
Current Utah law specifically allows the court to consider diminished workplace experience resulting from primarily caring for a minor child of the paying spouse. The length of the marriage and whether the recipient has custody of a minor child requiring support can matter as well.
That doesn’t automatically mean alimony payments will be ordered whenever one spouse earns less. It does mean the story behind the income difference deserves attention. Our family law attorney team looks at how each spouse arrived at their current financial position instead of relying on salary alone.
A Calmer, Clearer Way Through Divorce
The Rest of the Divorce Still Affects the Numbers
Spousal support is rarely the only money issue being worked through during a divorce. There may be a home to deal with, financial assets to value, and marital property that still needs to be divided. Retirement benefits or deferred compensation can make things even less straightforward, especially in high-asset cases.
After divorce, the same income has to stretch across a different set of expenses. Child support may be due, each spouse has separate housing costs, and debts still have to be paid. Those obligations can make a real difference when determining whether spousal support is workable and what either person can reasonably afford.
A prenuptial agreement can change the conversation as well. If you signed one before getting married, its terms may need to be reviewed alongside property division and spousal support. We look at how these financial issues overlap before deciding what deserves the most attention.
Longer Marriages Can Change the Alimony Discussion
Time matters in an alimony case, but reaching a certain anniversary doesn’t automatically produce a particular award.
Utah law now contains an additional rule for some marriages lasting at least 10 years. When the spouse seeking support significantly reduced workplace experience because the couple agreed that spouse would care for a minor child of the other spouse, there is a rebuttable presumption that the court should equalize their standards of living. Good cause can overcome that presumption.
The circumstances that led to one spouse having less workplace experience matter, and the provision can’t be used as a basis to modify an alimony award when the divorce petition was filed before May 1, 2024. An alimony lawyer in Millcreek can review when the case began and what happened during the marriage to determine whether the newer provision is relevant.
Alimony Can Become an Issue Again Years Later
The financial assumptions behind an alimony order don’t always hold up over time. Someone may retire earlier than expected, change careers, or begin earning substantially more or less. When the difference is significant, the original payment may no longer line up with the circumstances both former spouses are living with.
An alimony modification requires more than simply wanting a different payment. Utah Code section 81-4-504 allows substantive changes when there has been a substantial material change in circumstances that wasn’t expressly stated in the divorce decree or the court’s findings. For qualifying decrees, retirement is treated as such a change unless the decree or findings expressly provide otherwise.
Modification isn’t the same as starting the divorce process over again. The existing order matters, as does the reason things changed. Before filing anything, we look at what the original decree says and what has actually happened since it was entered.
Get the Financial Questions Out in the Open
You may come into a consultation knowing exactly what your spouse earns but have no idea what should happen with alimony. Or you may be trying to understand whether support you’re already paying can change. Either is a reasonable place to start.
Bring the financial records you have and the questions that are bothering you. Brown Family Law can look at income, expenses, child support, property division, retirement benefits, and other parts of the financial picture to determine what deserves closer attention. Our family law services are focused on helping clients make decisions they can live with long after the case ends.
If you need an alimony lawyer in Millcreek, contact Brown Family Law to schedule a consultation. Our clients hear from us every Friday by phone and receive an additional text update from their paralegal every Wednesday. When your financial future is being worked out, you should know where your case stands and what comes next.
