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’s Alimony Laws

There are a number of different factors that influence a courts decision concerning alimony. One of the common things to know is that courts are not likely to award alimony for a period of time l0nger than the duration of the marriage. Another thing to note is that any argument over money is going to require a lot of evidence showing how much a person makes and what was made during the marriage. With all the complexities of alimony arguments it is well worth the time and money to have an attorney help you in your alimony dispute.

Southern Utah Alimony Attorney | Divorce and Family Law Practice

Whether you are going through a divorce or are unhappy with the alimony award that was placed in your divorce decree, the lawyers at St George Divorce Attorney can help you. Our attorneys are experienced in divorce proceedings and have helped hundreds of family law clients. We will work tirelessly for your interests and make sure that your rights are protected. Call or email us today to set up a free consultation.

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