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Meigs
Meigs, Family Law Attorney
Category: Family Law
Satisfied Customers: 1344
Experience:  I am well equipped to handle any family law problem you might have.
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In Utah how are marital assets divided, and what if those assets

Customer Question

In Utah how are marital assets divided, and what if those assets have already been voluntarily given to the petitioner in advance. And, if petitioner has the ability to earn but refuses, will a substantial alimony be awarded, in this case the respondent would not be able to support more than one household.
Submitted: 1 year ago.
Category: Family Law
Expert:  Meigs replied 1 year ago.

meigs004 :

Hello, how are you today?\

Customer:

Just fine

meigs004 :

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.

meigs004 :

Marital property that has already been divided and voluntarily given should not be an issue.

meigs004 :

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.

meigs004 :

Alimony calculations are based on many factors, but basically the court looks at the parties income, and ability to support the alimony obligation.

Customer:

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.

meigs004 :

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.

meigs004 :

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.

Customer:

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.

meigs004 :

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.

meigs004 :

Do you have any other questions?

Customer:

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.

meigs004 :

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.

Customer:

Thanks you are a logical thinker, have a great evening.

meigs004 :

You as well, please do not forget to provide a positive rating by clicking the smiley face.

Customer:

I will.

meigs004 :

Thank you. Have a great evening.

Meigs, Family Law Attorney
Category: Family Law
Satisfied Customers: 1344
Experience: I am well equipped to handle any family law problem you might have.
Meigs and other Family Law Specialists are ready to help you

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