Family Law Questions? Ask a Family Lawyer Online.
Hello, how are you today?\
In Utah marital property in the event of a divorce is divided equitably between the parties. There are two types of property to assess in a divorce, marital property, and what is known as separate property. Separate property is the property of the spouse that was brought into the marriage or that was protected by a prenuptial agreement. Additionally, inheritances acquired by one spouse after the death of a family member is considered separate property.
Marital property that has already been divided and voluntarily given should not be an issue.
Alimony is awarded in marriages generally over 10 years in length. That is enough time, according to the courts, to establish a standard of living. The standard of living is what is meant to be retained after a divorce is instituted.
Alimony calculations are based on many factors, but basically the court looks at the parties income, and ability to support the alimony obligation.
My question is, will the fact that i have already given up all realestate equity be taken into considerstion and does it have any bearing on future alimony. Also If I as respondent I dont have the ability to support two households and there are no children what can the alimony impact be.
I understand. Thanks for clarifying. As I stated with respect to alimony, the court will look at the ability to support an alimony award if one was ordered, and also whether alimony should be assessed in the first place. The fact that you have released the equity to the spouse will play in that determination.
If you could not financially support alimony plus your new household, the court will be hard pressed to order, or determine, a sufficient and reasonable amount of alimony.
My wife has securities and insurance licenses and is highly employable but has plainly stated she will not seek full time employment rather insists that I will support her life, how will the judge view this attitude, she is 53 years old, attractive and educated.
You should, if possible, attain those statements in writing, and also make note of them. A lot of times in a he said she said battle, the one with the emails or texts can show that one spouse is vindictive and unwilling to support themselves so as to make the court award alimony.
Do you have any other questions?
She is too smart to put anything on paper or e-mail. She in fact has begun to build a case if not course of conduct on my part making false and fabricated allegations with respect to my unwillingness to to "TAKE CARE OF HER" that I have in an e-mail, she knpws I would have to go on the defensive to dispute her lies.
Right, and I am sorry you have to deal with that, but the best way to rebut is to document, and make sure you keep good record of anything that could show that unwillingness, and her plot to have the court order you to support her, even though she is an able bodied woman capable of gainful employment.
Thanks you are a logical thinker, have a great evening.
You as well, please do not forget to provide a positive rating by clicking the smiley face.
Thank you. Have a great evening.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).