Wednesday, August 25, 2010

Calculating Alimony in Utah

Many people ask me how alimony is calculated in Utah divorce actions.  Unlike child support, which is principally calculated on a statutory arithmetical formula, calculating alimony does not follow a single or even a set method.  Notwithstanding, the most commonly utilized starting point when calculating alimony is an “income equalization” formula, which I will demonstrate  below:

In this very simple hypothetical setting, the husband, John, and his wife, Jane, are getting divorced.  John and Jane have two children, with primary physical custody awarded to Jane.
While men can, in theory, receive an alimony award, husbands in Utah typically out-earn their wives in the majority of divorce cases, which makes the award of alimony to men a rarity.  So we will calculate alimony based upon John earning more than Jane.

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