Legal Question in Family Law in Utah
We live in Utah and my wife just served me with divorce papers yesterday. She is asking for alimony, to be determined by the court. We have no children together, but we both have children from previous marriages living with us. I have full custody of my two children and she has joint custody with her ex and she's the custodial parent for her three children. During our marriage she has worked off and on and been attending school and received her CNA certificate and her Phlebotomy certificate for here in Utah. I have paid off most of, if not all of her individual debts, but we do have joint debt in the order of about $50k(credit card, time share, the vehicle she will be taking, my student loans). The marriage started July 1, 2006, she immigrated from Canada, which cost me $2,500 to get her and her girls a green card. She also has not been contributing any of the child support payments she has been receiving to the support, care and maintenance of her children, therefore I have been fully supporting them the entire marriage. My question is how likely you think it will be that she is awarded any alimony?
2 Answers from Attorneys
It's a little difficult to give an opinion without knowing more about your financial situation relative to your income and ongoing living expenses. While alimony isn't out of the question, the fact that you've only been married for 5 years may help you since the court's often don't award alimony in situations where there's a short term marriage. Also, alimony will be analyzed by the court taking into account how the debt is allocated. If your wife will be taking a car that is encumbered by debt, she will get that debt. You will, in all likelihood, be required to assume all of your student loans, unless you can demonstrate that those loans were used to meet family expenses and not just school costs.
If you get a competent attorney it is highly unlikely that you will have to pay alimony. The tests the court uses to determine alimony rely on sacrifices the wife made to support her husband. You have improved your wife's situation, she should not be entitled to alimony.
Debts will be allocated fairly based on your respective interests in the debts and your incomes. The same for any assets you acquired during the marriage.
You are welcome to call for a free consultation.
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