ALIMONY / SPOUSAL SUPPORT

Chapter 7 Spousal Support  and Name Change

Pertinent Utah Code. (See: http://le.utah.gov/xcode/code.html)

§30-3-5

Utah courts will consider awarding spousal support in the event the financial condition of the spouse shows a need for support. The court will consider at least the following factors in determining alimony:

-The financial condition and needs of the recipient spouse;
-The recipient’s earning capacity and ability to produce income;
-The ability of the payor spouse to provide support:
-The length of the marriage;
-Whether the recipient spouse has custody of minor children requiring support;
-Whether the recipient spouse worked in a business owned or operated by the payor spouse; and
-Whether the recipient spouse directly contributed to any increase in the payor spouse’s skill by paying for education received by the payor spouse or allowing the payor spouse to attend school during the marriage;
-The court may additionally consider the fault of the parties in determining alimony.

As a general rule the court may look to the standard of living existing at the time of separation, however, the court may consider all the circumstances of the parties’ marriage. Alimony generally is not awarded for a time period exceeding the length of the marriage.

A party may wish to return to his/her maiden name. When preparing the petition for divorce, the Petitioner should include a request, if so desired, that the court order either of the parties may return to the use of their maiden, or pre-marital, name.

Divorce Note: If you do not include a request to allow a party to return to his/her maiden name in the petition, then the only the party wishing to change his/her name to a prior name will be required to go through the process of a name change, incurring additional costs and court filings. Alimony is not meant to be a punitive measure, but a remedy to assist a spouse that needs financial aid, and to keep a party from becoming a ward/burden on the state.