Unfortunately, after separation and divorce it is practically impossible for both spouses to maintain the same lifestyle and standard of living they once had. Taking one household and dividing it into two households almost always means that both parties will experience a decline in lifestyle for a period of time. The purpose of awarding alimony is to prevent the receiving spouse from becoming a public charge and to maintain, if possible, a standard of living close to what both parties enjoyed during the marriage. Cox v. Cox, 877 P.2d 1262 (Utah App. 1994). It seems that Utah courts make an effort to leave both parties in loosely equal circumstances, but it is highly controversial whether or not this is true over the long term.

There are numerous factors that the court considers in looking at whether to award alimony. Unlike determinations of child support, there is no formula for alimony in Utah.

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Everyone has heard of a “pre-marital agreement,” but few know that you can just as easily enter into the same agreement AFTER you are married!

Pre-Marital agreements are governed by the Utah Uniform Premarital Agreement Act and Common Law, while Post-marital agreement are mainly governed by Common Law by way of common contract principles.  Both before and after marriage, agreements can be made by the parties that outline what should occur in the case of a potential divorce or separation. (more…)