New Bill in Utah May Change How Alimony Is Calculated

January 05, 2013

New Bill in Utah May Change How Alimony Is Calculated

Divorce is a complicated legal process that deals with a wide range of issues. Depending on the couple, a divorce proceeding may need to address child custody, whether alimony should be distributed and how to divide property.

Each of these issues is fairly complex on its own, and the laws surrounding them are often changing. In fact, another change may be on the horizon. Currently, legislators in Utah are taking a second look at how the state handles the issue of alimony determinations in divorce.

Sen. Lyle Hillyard recently told the media that marriage was a special type of contract and should be treated differently than other contracts. This statement was made in support of a new bill that may change how courts distribute alimony in divorce proceedings.

The bill, called the Alimony Amendments, aims to expand the circumstances a court can order alimony. The proposed bill would allow a judge to consider fault in the award determination.

Currently, state law allows a court to take into consideration a wide range of factors when calculating alimony payments. These factors include the financial condition and needs of the party requesting alimony, the ability of the person who would pay the alimony to make those payments, the length of the marriage, custody of children and whether the person requesting alimony contributed to an increase in the other spouse's earning capacity by supporting their continued education.

The proposed bill would expand the court's ability to make this determination by allowing it to also consider any fault of the parties when calculating alimony by providing a concrete definition of fault. The definition includes abuse, infidelity and misuse of finances as factors that could lead to fault in a divorce.

Utah Divorce Law Basics

In order to receive a divorce in Utah, a Petition for Divorce must be filed with the court. The petition will state whether the divorce is based on the grounds of fault or no-fault.

If fault is alleged, the person filing generally claims he or she was the victim of adultery, desertion, neglect or cruel treatment. If no-fault divorce is chosen, generally a claim of either irreconcilable differences or that the spouses have lived in separate homes for more than three consecutive years is made.

Filing for a divorce is a difficult process. The Petition for Divorce is just the beginning; the court may require up to twenty additional documents during the filing process.

Working through this difficult process can be frustrating. If you or a loved one is contemplating a divorce, it is wise to seek the counsel of an experienced Salt Lake City divorce attorney to discuss your situation and better ensure your legal rights and remedies are protected.

Article provided by Debbie Robb
Visit us at http://www.debbierobblaw.com/