UTAH ALIMONY
Please select from below for applicable Utah statutes and explanations:
* This is by no means intended to be a
complete description of alimony rights in the State of
Utah. This page is intended to give a litigant an idea
of the alimony process. A complete description of rights
can be found in the Utah Code and the Utah Rules. Do not
rely on this page alone for guidance; consult with an attorney.
This page does not create an attorney-client relationship.
Please contact Edward Stone for more information.
|
Utah Code, Section
30-3-5
30-3-5.
Disposition of property--Maintenance and health care
of parties and children--Division of debts--Court
to have continuing jurisdiction--Custody and visitation--Determination
of alimony--Nonmeritorious petition for modification.
(1) When a decree of divorce
is rendered, the court may include in it equitable
orders
relating to the
children, property, debts or obligations, and
parties. The court shall include the following
in every
decree of divorce:
[Sections omitted]
(7)(a) The court shall consider
at least the following factors in determining alimony:
(i) the financial condition
and needs of the recipient spouse;
(ii) the recipient's earning
capacity or ability to produce income;
(iii) the ability of the payor
spouse to provide support; and
(iv) the length of the marriage.
(b) The court may consider
the fault of the parties in determining
alimony.
(c) 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
(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.
(d) The court may, under
appropriate circumstances,
attempt to equalize
the parties' respective
standards of living.
(e) When 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, that change
shall be considered
in dividing the
marital property and
in determining the
amount of alimony.
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 dividing
the marital property
and awarding alimony.
(f) In determining
alimony when a marriage
of short
duration dissolves,
and 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 the
marriage.
|
|
|
|
Utah Code, Section 30-3-3
30-3-3. Award of costs, attorney and witness fees--Temporary
alimony
(1)
In any action filed under Title 30, Chapter 3,
4, or 6, and in any action to establish an
order of custody, visitation, child support,
alimony, or
division of property in a domestic case, the
court may order a party to pay the costs, attorney
fees,
and witness fees, including expert witness
fees, of the other party to enable the other
party to prosecute
or defend the action. The order may include
provision for costs of the action.
(2) In any action to enforce
an order of custody, visitation, child support,
alimony, or division
of property in a domestic case, the court may
award
costs and attorney fees upon determining
that the party substantially prevailed upon the
claim
or defense.
The court, in its discretion, may award no
fees or limited fees against a party if the
court finds the
party is impecunious or enters in the record
the reason for not awarding fees.
(3) In any action listed in
Subsection (1), the court may order a party to
provide money,
during the pendency
of the action, for the separate support
and maintenance of the other party and of any
children
in the custody
of the other party.
(4) Orders entered under this
section prior to entry of the final order or
judgment
may be amended during
the course of the action or in the final
order or judgment.
|
|
|
|
Utah Code, Section 30-3-5
30-3-5. Disposition of property--Maintenance and
health care of parties and children--Division
of debts--Court to have continuing jurisdiction--Custody
and visitation--Determination of alimony--Nonmeritorious
petition for modification.
[Sections
omitted]
(7)(a) The court shall consider
at least the following
factors in determining alimony:
(i) the financial condition
and needs of the recipient spouse;
(ii) the recipient's earning
capacity or ability to produce income;
(iii) the ability of the
payor spouse to provide support; and
(iv) the length of the marriage.
(b) The court may consider
the fault of the parties in determining
alimony.
(c) 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 (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.
(d) The court may, under
appropriate circumstances,
attempt to equalize
the parties' respective
standards of living.
(e) When 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,
that change shall
be considered in dividing
the marital property
and in determining the amount
of alimony.
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 dividing
the marital
property
and awarding alimony.
(f) In determining alimony
when a marriage of
short duration dissolves, and
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 the
marriage.
(g)(i) The court has
continuing jurisdiction
to make substantive
changes and new
orders regarding
alimony based on a substantial
material change in
circumstances not
foreseeeable at the
time of the divorce.
(ii) 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.
(iii) In determining
alimony, the
income of any subsequent
spouse
of the payor
may not be considered,
except
as provided
in this subsection.
(A) The court
may consider
the subsequent
spouse's
financial
ability to share living
expenses.
(B) The court
may consider
the income
of a
subsequent spouse
if the
court finds
that
the payor's
improper conduct
justifies
that
consideration.
(h) 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.
(8)
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
of
that
former
spouse.
However,
if
the
remarriage
is
annulled
and
found
to
be
void
ab
initio,
payment
of
alimony
shall
resume
if
the
party
paying
alimony
is
made
a
party
to
the
action
of
annulment
and
his
rights
are
determined.
(9)
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.
|
|
|
|
Utah Code, Section 30-3-5
30-3-5. Disposition of property--Maintenance and
health care of parties and children--Division
of debts--Court to have continuing jurisdiction--Custody
and visitation--Determination of alimony--Nonmeritorious
petition for modification.
[Sections
omitted]
(f) In determining alimony
when a marriage of short
duration dissolves, and 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 the marriage.
(g)(i) The 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.
(ii) 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.
[Sections omitted]
(h) 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.
(8) 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 of that
former spouse. However, if the remarriage
is annulled
and found to be
void ab initio, payment of
alimony
shall resume if the
party paying alimony is made
a party to the action of
annulment and his
rights are determined.
(9) 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.
|
|
Utah
Alimony - Termination
|
Utah Code, Section 30-3-5
30-3-5. Disposition of property--Maintenance and
health care of parties and children--Division
of debts--Court to have continuing jurisdiction--Custody
and visitation--Determination of alimony--Nonmeritorious
petition for modification.
[Sections omitted]
(g)(i) The 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.
(ii) 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.
(iii) In determining alimony, the
income of any subsequent
spouse of the payor may
not be considered,
except as provided in this
subsection.
(A) The court may consider
the subsequent spouse's
financial ability
to share living
expenses.
(B) The court may consider
the income of a subsequent
spouse if
the court finds that
the payor's improper
conduct justifies that
consideration.
(h) 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.
(8) 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 of
that
former
spouse. However,
if the remarriage
is annulled and
found to be void ab
initio, payment
of alimony shall
resume if the
party paying
alimony is made a party
to the action
of
annulment
and his rights
are determined.
(9) 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.
|
|
Utah
Alimony - Cohabitation
|
Utah Code, Section 30-3-5
30-3-5. Disposition of property--Maintenance
and health care of parties and children--Division
of debts--Court to have continuing jurisdiction--Custody
and visitation--Determination of alimony--Nonmeritorious
petition for modification.
[Sections omitted]
(9) 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.
|
|
Utah
Alimony - Payments Due
|
Utah Code, Section 30-3-10.5
30-3-10.5. Payments of support, maintenance,
and alimony
Unless the order or decree providing for support,
maintenance, or alimony under this chapter or
Title 30, Chapter 4, provides a different time
for payment, all monthly payments of support,
maintenance, or alimony provided for in the order
or decree shall be due one-half by the 5th day
of each month, and the remaining one-half by
the 20th day of that month.
|
|
Utah
Alimony - Duty to Support Husband
|
Utah Code, Section 78-45-4
78-45-4. Duty of woman
(1)
Every woman shall support her child; and she
shall support her husband when he is in need.
(2) Except as limited in a court order under
Section 30-3-5, 30-4-3, or 78-45-7.15:
(a) The expenses incurred
on behalf of a minor child for reasonable and
necessary
medical and
dental expenses, and other necessities
are chargeable upon the property
of both parents, regardless
of the marital status of the parents.
(b) Either or both parents may be sued
by a creditor for the expenses
described in Subsection (2)(a)
incurred on behalf of minor children.
|
|
Utah
Alimony - Duty to Support Wife
|
Utah Code, Section 78-45-3
78-45-3. Duty of man
(1)
Every father shall support his child; and every
man shall support his wife when she is
in need.
(2) Except as limited in a court order
under Section 30-3-5, 30-4-3, or 78-45-7.15:
(a) The expenses incurred
on behalf of a minor child for reasonable
and necessary
medical and
dental expenses, and other necessities
are chargeable upon the property of
both parents, regardless
of the marital status of the parents.
(b) Either or both parents may be sued
by a creditor for the expenses
described in Subsection (2)(a)
incurred on behalf of minor children.
|
|
|
