Utah Alimony / Spousal Support

Utah Spousal support is intended to preserve the economic status of both parties, as it existed during the marriage.

According to the Utah spousal support statutes the court may consider the fault of the parties in determining alimony.

As a general rule, the court should look to the standard of living, existing at the time of separation, in determining alimony in accordance with Subsection (8)(a). However, the court shall consider all relevant facts and equitable principles and may, in its discretion, base alimony on the standard of living that existed at the time of trial. In marriages of short duration, when no children have been conceived or born during the marriage, the court may consider the standard of living that existed at the time of the marriage..

Spousal support or maintenance in Utah can be awarded based on these factors:

Determination of Alimony in Utah

The court may consider the subsequent spouse's financial ability to share living expenses.

The court may consider the income of a subsequent spouse if the court finds that the payor's improper conduct justifies that consideration.

Alimony may not be ordered for a duration longer than the number of years that the marriage existed unless, at any time prior to termination of alimony, the court finds extenuating circumstances that justify the payment of alimony for a longer period of time.

Unless a decree of divorce specifically provides otherwise, any order of the court that a party pay alimony to a former spouse automatically terminates upon the remarriage or death of that former spouse.

Any order of the court that a party pay alimony to a former spouse terminates upon establishment by the party paying alimony that the former spouse is cohabitating with another person.

Modification of Alimony in Utah

The Utah court has continuing jurisdiction to make substantive changes and new orders regarding alimony based on a substantial material change in circumstances not foreseeable at the time of the divorce. Additionally, the court may not modify alimony or issue a new order for alimony to address needs of the recipient that did not exist at the time the decree was entered, unless the court finds extenuating circumstances that justify that action.

Utah statutes alimony can be found here: Utah statutes Subsection (8) of the Utah Code, Title 30, Chapter 3

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