Family Law Attorney in Utah
Alimony Specialized Representation Tailored to Your Goals

Alimony Lawyers in Salt Lake County

Results-Driven Representation During Your Divorce

In divorce cases, alimony refers to court-ordered financial support from one party to the other. Alimony awards can total hundreds of thousands of dollars, making it one of the most hotly contested issues in some divorces.

Whether you are seeking or disputing an alimony award, you can find the legal counsel you need at Eric M. Swinyard & Associates, PLLC. From our office in Draper, our Salt Lake County alimony attorneys offer personalized, client-focused representation to clients throughout the region.

Contact us online or call (801) 515-4133 to schedule a free consultation.

How Alimony Is Awarded

An alimony award is not automatic. Alimony can be ordered on a temporary or permanent basis depending on the circumstances. Courts consider several factors when determining whether alimony should be ordered. The gender of the parties is not considered. Two of the primary factors include the need of the prospective recipient and the earning ability of the parties. In cases involving a disparity of income, the party requesting alimony is in a strong position, especially if he or she contributed in any way to the paying spouse’s skill or education during the marriage.

In addition to financial matters, courts may also consider the fault of the parties.

Since establishing fault is a broad process, the relevant statute restricts the definition of fault to include the following:

  • Infidelity
  • Knowingly and intentionally causing or attempting to cause physical harm (or the reasonable fear of life-threatening harm) to the other party or minor children
  • Undermining the financial stability of the other party or minor children

In addition to proving one or more of these actions, the party requesting alimony must also demonstrate that the fault substantially contributed to the breakup of the marriage.

Calculating Alimony

Calculating alimony is not as straightforward as calculating child support. Often the simplest way to establish alimony is through a mutual agreement between the parties.

When an agreement cannot be reached, courts will adhere to the fundamental goals of alimony – namely, to get both parties as close as possible to the standard of living that existed during the marriage and to prevent the recipient spouse from becoming a burden on taxpayers.

To achieve these goals, courts will consider:

  • The financial conditions and needs of the recipient spouse
  • The recipient’s ability to earn income for himself or herself
  • The paying spouse’s ability to provide support

Terminating Alimony

Alimony obligations may be terminated for a number of reasons. Sometimes alimony terminates automatically when it reaches an expiration date specified in the divorce decree. Courts cannot order a party to make alimony payments for a period longer than the marriage lasted. In addition, alimony terminates when the recipient spouse dies, remarries, or cohabitates with another person.

Alimony Modifications

In some situations, circumstances do change after the initial amount of alimony has been calculated. If either party thinks that the circumstances have changed significantly, they may file a petition with the court for an order to have alimony modified.

The court is unlikely to modify alimony to address the needs of the recipient if these needs did not exist at the time the initial alimony amount was calculated. Our Salt Lake County alimony attorneys can represent you if you are seeking to modify an alimony award or if you wish to block your ex-spouse’s efforts to modify alimony.

Contact Eric M. Swinyard & Associates, PLLC at (801) 515-4133 to get started with a free consultation.

Testimonials

Real Clients. Real Results. 
  • Amy Lee

    He is very prompt with his responses to emails and phone calls which makes the process less stressful.

  • Dalisa

    This was all so stress free. I’m extremely great full for Preston and his staff for putting forth all the time to help me out!

  • Bart

    Highly recommend Eric and Preston without reservation. Their fees are more than reasonable and their service more than expected.

  • Nicolle G.

    I have had an absolutely positive experience through and through with them. They’re professional, empathetic, and ethical. I wish ...

  • Thomas M.

    He handled all matters promptly and thoroughly. He cares deeply about his clients and makes sure their needs are fully understood.

  • Bethany

    He and his office were conscientious about my financial needs and made sure I knew when charges were going to be made, so it ...

  • Logan

    I couldn’t be more pleased with the results and would definitely recommend Eric to anyone looking for a fantastic lawyer and a ...

  • Jared H.

    All issues were handled in a very timely and transparent manner.

  • Sean K.

    Working with Eric was a breeze. He addressed my concerns and laid out several options that were unique to my situation.

  • Robin S.

    If it wasn't for Eric and Preston, I wouldn't have gotten custody of my 2 children.

Meet Our Team

Professional. Confident. Approachable.
  • Eric M. Swinyard Photo
    Eric M. Swinyard

    Founding Attorney

    Eric M. Swinyard is a litigation and small business attorney who serves clients throughout Utah and across the country. He has offices in both Salt Lake County and Utah County. Eric’s practice is focused on providing personalized, high-quality legal services to both individuals and businesses. He regularly assists clients in various practice areas , including divorce , parentage ( paternity ), adoption , debt collection, estate planning , business advice, asset protection, litigation (civil, ...
  • Ryan  Ficklin Photo
    Ryan Ficklin

    Attorney

    Ryan Ficklin is an associate attorney at Eric M. Swinyard & Associates, PLLC. Prior to practicing law in Utah, Ryan practiced family law in Southern California. In 2017, Ryan relocated back to his home state of Utah to focus on serving the people of Utah who need legal representation, particularly in the family law realm. Ryan graduated with honors from California’s Whittier Law School in May of 2015. While in law school, Ryan was a staff member for The Journal of Child and Family Advocacy. Ryan ...
  • Preston  Day Photo
    Preston Day

    Attorney

    Preston Day is an associate attorney at Eric M. Swinyard & Associates, PLLC. Before assuming his position as an associate attorney, Preston spent over two years working as a prosecuting attorney for Salt Lake City and Salt Lake County. During his time as a prosecutor, he managed several hundred cases and took over 100 cases to trial. In his current role, Preston manages primarily divorce , family , and criminal cases . Preston began his legal career working as a law clerk for Judge Richard ...
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