Alimony

The purpose of alimony is to restore the former spouse in need of support as nearly as possible to the standard of living enjoyed during marriage, See Jones v. Jones, 700 P.2d 1072, 1075 (Utah 1985), or, when appropriate, to equalize the standards of living of the respective divorced spouses. See Utah Code Ann. § 30-3-5(8)(c).

When making an alimony determination, the Court considers:


(i) the financial condition and needs of the recipient spouse;


(ii) the recipient’s earning capacity or ability to produce income;


(iii) the ability of the payor spouse to provide support;


(iv) the length of the marriage;


(v) whether the recipient spouse has custody of minor children;


(vi) whether the recipient spouse worked in a business owned or operated by the payor spouse; and


(vii) whether the recipient spouse directly contributed to any increase in the payor spouse’s skill.
See Utah Code Ann. § 30-3-5(8)(a).

 

The Court may also consider the fault of the parties in determining alimony. See Utah Code Ann. § 30-3-5(8)(b).

 

Kelly & Bramwell’s attorneys are seasoned in securing alimony awards for deserving former spouses. Similarly, they are highly competent in defending against unmerited alimony claims.