The following is a summary of Utah alimony laws, and is by no means intended to be an all-inclusive description of what to expect in your particular case. In some cases, the exact text of the statute may have been simplified and/or modified to provide for easier understanding. For a more specific understanding of the laws, you should consult the full Utah Code and/or consult with an attorney about how the law might apply to your particular situation.

Guidelines for Determining Alimony.

Utah laws allow the court to consider fault when awarding alimony. The court will also consider at least the following factors in determining alimony:

  1. The financial condition and needs of the recipient spouse;
  2. The recipient’s earning capacity or ability to produce income;
  3. The ability of the payor spouse to provide support;
  4. The length of the marriage;
  5. Whether the recipient spouse has custody of minor children requiring support;
  6. Whether the recipient spouse worked in a business owned or operated by the payor spouse;
  7. Whether the recipient spouse directly contributed to any increase in the payor spouse’s skill by paying for education received by the payor spouse or allowing the payor spouse to attend school during the marriage;
  8. In a marriage of short duration, where no children have been conceived or born during the marriage, the court may consider restoring each party to the condition which existed at the time of marriage.
  9. Where a marriage of long duration dissolves on the threshold of a major change in the income of one of the spouses due to the collective efforts of both. If one spouse’s earning capacity has been greatly enhanced through the efforts of both spouses during the marriage, the court may make a compensating adjustment in awarding alimony.

The court may, under appropriate circumstances, attempt to equalize the parties’ respective standards of living. As a general rule, the court should look to the standard of living existing at the time of separation in determining alimony. 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.

 

This information has been summarized from the Utah statutes. You can find the full-text version of these and other Utah divorce statutes online here: Utah Divorce Laws.

LEARN MORE ABOUT GENERAL ALIMONY LAWS.

GO TO ANOTHER DIVORCE ARTICLE.

 

IMPORTANT: Help Yourself Divorce is a paralegal service, not a law firm. Please don’t rely on this information for legal advice. Seek help from an attorney if you need legal advice.

 

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