What Alimony Is and What Alimony Is Not in Utah – Part 1 of 4
Today’s questions is what alimony is and what alimony is not in Utah. Before we find out what Utah alimony is and is not, we should first start with the definition of alimony. For those of you that don’t know this, lawyers have dictionaries unique to themselves. The preeminent legal dictionary is known as Black’s Law Dictionary. It’s a good place to start if you have a question about a legal term.
Black’s Law Dictionary defines alimony generally as follows: A court-ordered allowance that one spouse pays to the other spouse for maintenance and support while they are separated, while they are involved in a matrimonial lawsuit, or after they are divorced; esp., money that a court orders someone to pay regularly to his or her former spouse after the marriage has ended. But there are more particular definitions of alimony as well.
– lump-sum alimony is alimony in the form of a single and definite sum not subject to modification. — Also termed alimony in gross.
– permanent alimony is alimony payable in usually weekly or monthly installments either indefinitely or until a time specified by court order. • This kind of alimony may usually be modified for changed circumstances of either party. It terminates upon the death of either spouse and usually upon the remarriage of the obligee. — Also termed final alimony; periodic alimony.
– rehabilitative alimony is alimony found necessary to assist a divorced person in acquiring the education or training required to find employment outside the home or to reenter the labor force. As such, it has time limitations, typically just a few years. — Also termed short-term alimony; transitional alimony.
– reimbursement alimony is alimony designed to repay a spouse who during the marriage made financial contributions that directly enhanced the future earning capacity of the other spouse. • An example is alimony for a wife who worked full-time supporting herself and her husband with separate-property earnings while he earned a medical degree.
(Black’s Law Dictionary (11th ed. 2019))
There is also a kind of alimony known as “reimbursement alimony” designed to repay a spouse who during the marriage made financial contributions that directly enhanced the future earning capacity of the other spouse. An example is alimony for a spouse who worked full-time supporting both spouses with separate-property earnings while the other spouse earned a medical or other professional degree.
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