When meeting with clients often the topic of alimony or spousal support will come up. The question is usually something like this, “My husband makes good money and I have been a stay at home mother. Can I get alimony?” The opposite question is also asked, “I will not have to pay alimony will I?” In Utah, the divorce laws that apply to awarding alimony are included in Utah Code 30-3-5 (9-12). This allows the Judge the discretion to award alimony. To understand alimony a general understanding of the historical context is important. Brett R. Turner, in SPOUSAL SUPPORT IN CHAOS, 25 Fam. Adv. 14 writes:

“Once upon a time, in the land of our grandfathers and grandmothers, divorce and alimony were fairly well understood. Marriages were expected to last forever and could be ended only on grounds of fault. Since women usually did not and often could not find employment, the wife had a much higher standard of living while married than she could ever have on her own. When the marriage had to end because of the husband’s misconduct, the wife was entitled to the benefit of her bargain–the standard of living she enjoyed during the marriage. After World War II, the family structure began to change, as women began to enter the workplace and divorce began to lose its stigma. After states began to recognize no fault divorce the purpose of alimony was questioned. Because if the man was not responsible for the divorce through misbehavior (adultery) and the wife did have a job or could get a job the rules of equity were no longer in play. Historically, alimony was treated as punishment to the husband for breaking the marriage vows, and rewarded the wife an equitable standard of living. In the era of no fault divorces the idea of punishment is no longer valid. Many of the laws and court decisions were changed to expect the wife to support herself when she had the means to support her/himself. (Turner) “

In Utah, the court can award alimony to a spouse. The factors in determining alimony are found in Utah Code 30-3-5 (9)(a). They include:
1. Financial condition of recipient spouse,
2. Earning capacity of payor spouse,
3. Ability to provide support,
4. Length of marriage,
5. Custody of minor children,
6. Marital business ownership, and
7. Whether the spouse contributed to the education of the payor spouse.
The court may consider fault in determining who to award alimony. Utah Code 30-3-5(9) tells the court to look at the standard of living at the time of separation and allows the court much discretion in its decision as to whether to award alimony and to what that award will be.

Locally, alimony is usually awarded when the marriage has taken a more traditional role (where one individual stayed at home, and the other was the sole financial provider). In these types of cases, there can be big differences in income between the spouses. This can also affect an individual’s earning ability after the parties’ separation. Oftentimes the court finds that the payor spouse does has the ability to pay alimony, and that the receiving spouse will have the need of such support. The award of alimony can be determined by the length of marriage. In recent hisotry, alimony is not as common, because many more marriages do not follow the traditional roles in marriage.