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Posts tagged "Modify Alimony"

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

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