Utah Stipulation For Separate Maintenance
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How to fill out Utah Stipulation For Separate Maintenance?
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FAQ
Under the Family Law Act, a legal or de facto spouse may claim spousal maintenance after separation. Spousal maintenance is payable if there is a substantial difference in the incomes of the spouses at the date of separation.
A legal separation in Utah is called "separate maintenance - a court will detail the monetary support guidelines and child custody issues and the division of marital property.Parties are legally separated only when a court enters a decree of separate maintenance.
People choose legal separation instead of divorce because of religious beliefs, a desire to keep the family together legally for the sake of children, the need for one spouse to keep the health insurance benefits that would be lost with a divorce, or simple aversion to divorcing despite the desire to live separate
If you're in the process of filing for divorce, you may be entitled to, or obligated to pay, temporary alimony while legally separated. In many instances, one spouse may be entitled to temporary support during the legal separation to pay for essential monthly expenses such as housing, food and other necessities.
A legal separation would mean one spouse may still be eligible for health insurance coverage from the other spouse's job, whereas a divorce would end this coverage. A legal separation also allows you and your spouse to continue filing taxes jointly, which can lead to some tax benefits.
In order to file a Petition for Temporary Separation, you and your spouse must be lawfully married and both have been residents of Utah for at least 90 days prior to the date of filing the petition.
Legally you cannot be married to more then one person at the same time. Therefore, until your divorce decree is entered (no sooner then 91 days upon filing for divorce) you cannot remarry. The decision to begin dating again is a personal decision that only you can decide when the time is right.
Sometimes couples want to separate but do not want to divorce. A "separate maintenance" case addresses all the same issues involved in a divorce, except the parties do not actually get divorced. However, the parties will still be legally married.
Separate maintenance is a form of financial support that one spouse pays to the other, but not due to divorce. Instead, separate maintenance is paid in cases where two spouses are separated or, in some cases, when they are still married.