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Wyoming Alimony

In brief, the Wyoming Court awards alimony or spousal support to either spouse after consideration of the partner’s ability to pay. Real estate or profits from real estate may be ordered paid to the other spouse as spousal support for life.

The court does not consider marital fault in awarding Wyoming spousal support.

Wyoming law allows for spousal support or alimony when it is necessary due to one spouse’s need. The court hears evidence at the divorce hearing and decides what is appropriate on a case-by-case basis. The court grants alimony based on the situation of the parties.

Any significant change of circumstances may be grounds for altering a support agreement. To seek modification or termination a party must petition the court and provide proof of the changed circumstances. At a hearing the court determines whether to modify the agreement.

Length of support varies greatly. It can be one lump sum payment, or it can be monthly installments lasting for a short or long time.

The court may order temporary alimony while the action is pending and before alimony has been established.

The court may review the cases of either party and revise the amount ordered to be paid. This usually happens when the payor experiences a decrease in income.

The spouses may discharge the court if they jointly disagree with the court and they decide the terms of alimony for themselves. This means that rather than the court making a decision, the spouses do it. In this routine, The court may order either party to the court at any time, and it may order monetary security (in any amount) from the payor.

The paying party may deduct support payments from federal taxes. The recipient must claim such payments as income.

Types of Alimony

In Wyoming courts may order temporary, short- and long-term alimony. Temporary alimony is granted at the discretion of the court during the divorce proceedings and before the final decree. Short-term alimony may be granted to allow the receiving party time to gain necessary skills. Long-Term, or permanent, alimony may be granted to a spouse who has significant needs, and is usually reserved for lengthy marriages.

According to the Wyoming Statutes - Title 20 - Chapters: 20-2-114, the court can grant either spouse reasonable permanent or temporary alimony out of the estate of the other having regard for the other’s ability to pay, and may order so much of the other’s real estate, or the rents and profits thereof, as is necessary to be assigned and set out to either party for life, or may decree a specific sum be paid by either party.

Factors Considered by the Court

In Wyoming, the court considers all relevant evidence submitted by the parties in deciding to grant alimony, its duration and amount. Factors include:

  • tax consequences;
  • duration of the marriage;
  • support of custodial children; and
  • any other factors the court considers important to the case.

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