If my wife wants to divorce me or annul the marriage, but I don’t and I refuse to, do I still have to pay her alimony or any settlement amount?
The answer to this question is both yes and no. Yes, if you refuse to divorce or annulment, it means you are still legally married and therefore must pay alimony or settlement to your spouse. However, it does not mean that you have to pay this compensation forever. But when should the amount of alimony or settlement be reduced? There are 2 circumstances in which alimony or settlement should be reduced or abolished. The first is if you are paying alimony or settlement based on your spouse's wage and then he/she retires, becomes unemployed or starts working part-time (less than 1/2 of full-time). The second circumstance is if the former spouse is living with someone else as a husband/wife. In either case, the paying spouse can apply to a court for a reduction of the alimony or settlement. The court will consider whether their former spouse can still live a reasonable life after retirement and how much their living expenses have been reduced since they stopped working full-time. It is important to know that there are different types of alimony, for example, monthly allowance, shared expense and lump sum payment. If you are paying a monthly allowance then your ex-spouse has to report any changes in his/her life like getting married and
If you are in a marriage where the spouse refuses to participate in a divorce or annulment, does that mean you have to pay their alimony or settlement?
The short answer is, "it depends." There are many factors that can impact whether an ex-spouse can force the other spouse to pay alimony and/or settlement. But a lot of people think that if they refuse to get an annulment or divorce, then they can just live in the same house and force their ex-spouse to keep on paying them. This is not true. Courts do not like it when one person moves back into the family home after refusing a divorce or annulment. The courts will not allow someone to hold up the divorce process. They will force both spouses into a divorce, even if that means arresting one of them.
If you need a divorce lawyer, please call this law firm for a free consultation
Ascent Law LLC
8833 S Redwood Rd Suite C
West Jordan UT 84088
801 676 5505