Calculating alimony in Utah is not as cut and dried as calculating child support, and it is not awarded in every case. Many things will be considered by the courts – length of marriage, standard of living at the time of the separation, recipient’s earning capacity and the ability of the payor spouse to provide support, if one spouse contributed to the education of the other, if there is a family business involved, and on and on. Every case is different. The courts don’t often consider fault in the awarding of alimony, but they might in certain situations. Often, a judge will try to equalize the standard of living, but many things contribute to that decision.
When you address alimony in mediation, you should be realistic about yours and your partner’s financial situation. Milestone Mediation will provide you with worksheets that will help both you and your spouse prepare to have honest and frank negotiations regarding alimony during the mediation. You should remember that in mediation you will have a chance to discuss and negotiate for what you want – or don’t want – and if it reaches the courts, the judge will decide for you. Consult with an experienced Divorce or Family Law Attorney and educate yourself. Remember that if you have a contested divorce, you are required to attend at least one session of mediation with a mediator listed on the Court Approved Roster of Divorce Mediators before your case ever goes to court. To learn more specifics about alimony – paying it or receiving it – refer to the Utah Courts website.