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Spousal Support During a Divorce

Robert Winsor

“I cannot fight my spouse in a divorce, because I don’t have any money. They have all of our money, because I stay home and take care of the children. What can I do?”

Such issues are common in a family law office. Money during a divorce can be a big concern for those who are not in charge of finances. There is a solution for those in such a predicament. Utah Code 30-3-3 allows the court to award temporary financial support for the spouse during the initial court action. This temporary financial support can also be enforced at a later date, if needed. The court regularly uses this power when one spouse is without access to any financial means to support their case in divorce.

Additional spousal and child support can be temporarily ordered to help one spouse when they do not have the ability to provide for themselves or their children, if they have custody of them. This is also depends on the ability of the other party to pay such support.

There are legal means for those with limited financial means to fight in the court when their spouse has full control of the marital assets and/or has greater income. Depending on the case, the court could order one party to pay for court costs, spousal support, or child support throughout the divorce proceedings.

As with all blog posts, this is not intended to be official legal counsel. What is written in this article is meant to generally explain the topic, not be case-specific advice. Contact us at winsorlawllc@gmail.com for more information.