What is the easiest way to request alimony in a divorce?
In my jurisdiction (Utah) it would be as easy as making the request in the complaint for divorce, i.e., “Petitioner requests that he/she be awarded alimony.”
If by your question you mean to ask, “What is the best argument for seeking an award of alimony?,” then in my jurisdiction (Utah), the answer is:
- prove that you have a financial need for alimony, e., show that without financial support from your spouse (i.e., alimony), you cannot maintain (or come as close as possible to maintaining) the standard of living to which you became accustomed during the marriage;
- prove that your spouse has the ability to pay alimony, e., show that your spouse can maintain (or come as close as possible to maintaining) his/her standard of living to which he/she became accustomed during the marriage and at the same time provide financial support for you.
- (if fault becomes an issue in the alimony analysis*) prove that you have not engaged in wrongful conduct during the marriage that substantially contributed to the breakup of the marriage relationship.
*See Utah Code § 30–3–35(8)(c): “Fault” means any of the following wrongful conduct during the marriage that substantially contributed to the breakup of the marriage relationship: (i) engaging in sexual relations with a person other than the party’s spouse; (ii) knowingly and intentionally causing or attempting to cause physical harm to the other party or a minor child; (iii) knowingly and intentionally causing the other party or a minor child to reasonably fear life-threatening harm; or (iv) substantially undermining the financial stability of the other party or the minor child.
Utah Family Law, LC | divorceutah.com | 801-466-9277
Tags: ability to pay, accustomed during the marriage, alimony, divorce, easiest way, fault substantially contributed to the breakup of the marriage, financial support, maintain, need, request alimony, standard of living, Utah, Utah Code § 30–3–35(8)(c)