Substantial Change of Circumstances

There are many potential situations which could qualify as a substantial change in circumstances and be sufficient grounds for modifying an alimony award. First, lets consider a few fact patterns which would likely be seen as sufficient changes in circumstances justifying the decrease or termination of alimony. The most common scenario we deal with is a job loss. Now, if you lose your job but it is a temporary job loss, you may not get much relief from the court. If, however, you have been unemployed for a greater period of time, 6 months or more, your job loss might not be considered so temporary and a long term modification might be granted. Disability is one case where a person might find great success in terminating alimony all together. If you are injured and unable to work as a result, you might be able to terminate your alimony order. Additionally, let’s say your spouse was unemployed at the time the decree was originally entered and later become employed and thus no longer has the same need for alimony. The courts in Utah have found a recipient spouse’s increase in income and employment can be considered in modifying or terminating spousal support.

Increasing Alimony

Since alimony is always modifiable, a recipient spouse can come back years following entry of the divorce decree and ask for more support if justified. Much as discussed above, if the recipient spouse needs additional support through no fault of her own, such as following a job loss, injury or disability, or other possible financial emergency, he/she may move the court for an adjustment. Sometimes, a recipient spouse may want to seek an increase in alimony because they discover their ex is now earning much more following divorce. However, alimony starts with the need of the recipient spouse. Thus the paying party’s increase in income alone will not be sufficient, the recipient spouse will still need to demonstrate a change in his/her need.

Modifying Alimony to Extend Beyond Length of Marriage

Generally speaking, alimony may only be awarded up to the length of the marriage. However, many people do not realize a party may request a modification prior to the termination of the alimony award, requesting an extension of alimony. In order to have alimony award extend beyond the number of years in the marriage, the party must request the extension prior to termination and prove extenuating circumstances justifying the continued payments. Extenuating circumstances can mean possibly many different things, therefore, you should speak with a divorce attorney at our office today if you think you qualify.

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General Alimony Principles

When it comes to settling alimony disputes it can be very difficult to predict what the possible outcomes may be. Ultimately, if the parties cannot come to an agreement then the judge will make a decision based on the arguments as to whether or not alimony should be awarded and if so the amount and duration of the award. Some general principles are used however to guide judges in their decision making but these are in no sense hard and fast rules. The first is the judges will normally not award alimony for long than the duration of the marriage. So for example if you were married for 10 years then you’re not likely to get alimony for longer than 10 years. The second is that judges try to balance incomes between the parties and maintain similar standards of living if at all possible.

St. George Divorce Attorney | Resolving your Alimony Concerns

If you are facing divorce and live in St. George or Washington County then call St George Divorce Attorney today. We can help you understand the process and what you should expect from your divorce. Our experienced attorneys can help you protect your interests and understand what your options are.

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Utah Divorce Modification Proceedings

The divorce modification process is very similar to the original divorce proceedings. Courts encourage parties to resolve issues outside of court, like in divorce, but if no agreement is made then the court gets involved. Also the court uses the same standards and rules as before and in reality the only difference should be the substantial change in circumstances mentioned above. The argument for substantial changes can be in relation to your own circumstances, your ex spouse’s, or even your children’s. As is the case in the original divorce proceedings any custody issue will be resolved by considering what is in the best interest of the child.

St. George Divorce Attorney

If you are divorced and find that the terms of your divorce decree no longer apply to your situation, then call the lawyers at St George Divorce Attorney, you may be able to get your decree modified to better fit your circumstances. With the help of an experienced family law attorney you will have a better chance of convincing the court that the changes you want are in the best interest of the kids, and the right thing for the court to do. Call or email us today to set up a free consultation.

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The purpose of alimony is not to take all the property away from one spouse to give to another.  The Utah Supreme Court has said, “We require that a trial court, in setting alimony, attempt to provide support for the receiving spouse sufficient to maintain that spouse as nearly as possible at the standard of living enjoyed during the marriage.” Noble v. Noble, 761 P.2d 1369, 1372 (Utah 1988).  According to Utah family law then, alimony is meant to give the receiving spouse enough money to continue living as if the person was still married.

Alimony Laws in Southern Utah

Utah state law has set many different standards for a Utah court to consider in setting the amount of alimony one should receive as a result of a Utah divorce.  A Utah court will usually look to the standard of living that existed at the time of the couple’s separation in determining alimony.  A court will consider all relevant facts and equitable principles and may base alimony on the standard of living that exists at the time of a trial.  Courts use several different factors in determining alimony and the issues can often become muddled.  Because family law can be very complicated, it is best to have a St. George divorce lawyer handle a divorce.

Get the Alimony Help You Need

If you are going through a divorce and need help with your alimony issues, don’t go through the divorce process alone.  Get the alimony help you need by contacting a St. George alimony attorney from St George Divorce Attorney.  Our law firm has experienced alimony attorneys that will help you through the divorce process.  Call us today to speak with a divorce lawyer for free at 435.625-1753.

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