David R. Hartwig, ESQ.
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Alimony Archives

Avvo Legal Services and similar services unethical in Utah.

In a recent Ethics Advisory Opinion. Opinion # 17-05, the Utah State Bar Ethics Advisory Opinion Committee determined that the apparent structure of Avvo Legal Services is unethical, violating a number of the Bar's rules.While not naming Avvo, or any other service, the opinion cites procedures that Avvo appears to advertise on its website.

Modifying Alimony after Divorce upon Retirement

In a new case, the Utah Court of Appeals affirmed the termination of an alimony obligation upon retirement. In the original decree, wife agreement to pay alimony to husband under the usual standards for termination. However, the agreement did include language about retirement as a basis for termination.When she retired, wife sought to terminate her alimony obligation. At trial, it was shown that husband's expenses did not exceed his income, so the trial court terminated the alimony obligation. The Utah Court of Appeals affirmed. It must be noted that this case was successful because of the inclusion of the language about retirement as a basis to change alimony.The case is Nicholson v. Nicholson

Modifying Stipulated Alimony in Divorce

The Utah Court of Appeals issued a decision concerning this issue and addressed what constitutes a new income stream to justify a substantial change in circumstances to allow for a modification of alimony. The issue surrounded the sale of property which was awarded to the wife. The Court affirmed the trial court's decision that husband failed to show a substantial change in circumstances that was not foreseeable at the time of the original divorce. This is an important case exploring the "foreseeable" aspects intertwined with potential changes in circumstances, having potential dire consequences in hoping to change alimony "down the road".The case is MacDonald v. MacDonald.#alimony #property #divorceproperty #inheritance #separateproperty #jointproperty #wealth #marriage

Alimony in Divorce - Actual expenses vs. standard of living.

The Utah Court of Appeals issued a new decision on this alimony issue. The main issue was that of the pre-divorce standard of living and the concept of equalization of the post-divorce standards of living rather than just going on the recipient's needs. The trial court erred in not establishing the base standard of living, instead going to simply the needs of the parties. The trial court's decision was vacated and the case remanded for the trial court to reassess its alimony award.The case is Rule v. Rule.

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