Alimony Reform: Utah Alimony Guidelines

Alimony can be among the most contentious issues a couple must resolve in divorce, especially in situations where one spouse sacrificed their career goals for the benefit of the marriage. Also referred to as “spousal support,” alimony is payment made by the higher earning spouse to the dependent spouse after divorce. However, it is not automatically granted in every case. Under the Utah alimony laws, the court has the discretion to determine whether alimony is necessary — and fair — by evaluating several factors.

What are the New Utah Alimony Laws?

The Utah alimony laws aim to ensure the financially dependent spouse has the economic support they need while they transition to financial independence. Critically, neither spouse needs to have done anything wrong in order for alimony to be granted. Upon Utah’s alimony reform in 2024, courts have shifted the focus from fault to fairness.

The revised laws detail explicit factors that must be taken into consideration when determining alimony. While spousal misconduct, such as adultery and abuse, can still be a factor that is considered when determining an alimony award, the new approach strives to achieve equitability and is much more nuanced than it was previously. Courts now have a standardized approach when it comes to imputing income for spouses with limited work history due to roles such as stay-at-home caregiving or diagnosed disabilities. The changes aim to ensure equitable alimony assessments in such circumstances.

The Standard of Living at the Time of Separation

Under the revised Utah alimony laws, judges are now specifically directed to consider the marital standard of living at the time of separation — and courts may attempt to equalize each spouse’s standard of living, depending on the circumstances. In short marriages without children, the court may consider the standard of living enjoyed by both spouses at the beginning of the marriage. In such cases, the court will sometimes try to equalize each party’s standard of living, but is not required to do so.

However, if a couple was married for a decade or more, and the recipient spouse’s workplace experience has been substantially diminished because they agreed to stay home and raise the children, Utah courts are required to equalize each party’s standard of living. A spouse may dispute the matter by showing good cause as to why equalization is not appropriate.

How Long Can Alimony Be Ordered?

When granted, the duration alimony is awarded is specifically tailored to the facts and circumstances of the case. Generally, alimony cannot be ordered for a period of time longer than the duration of the marriage. If a spouse believes there is a reason alimony should be extended, they may raise the issue with the court prior to the time alimony payments end. The length of time temporary alimony was paid during the pendency of divorce proceedings is included in the length of an alimony award.

How is Alimony Determined?

There is no specific formula to calculate alimony in Utah. Rather, courts assess several statutory factors when determining whether alimony is appropriate — and the length of time it should be awarded. These factors include the following:

• The standard of living during the marriage — A judge would consider each spouse’s income, the value of both real and personal property, and any other factors deemed relevant to determine the standard of living during the marriage.
• The recipient spouse’s financial condition and needs — The recipient spouse may demonstrate their financial need by itemizing expenses present during the marriage, not just those following filing for divorce.
• The recipient spouse’s earning capacity — The court would look at the dependent spouse’s ability to earn income, including their employment history and any impact of diminished workplace experience as a result of caring for a child of the marriage.
• The payor spouse’s ability to provide financial support — The payor spouse’s income from all sources would be taken into consideration, and weighed against their debts and other financial obligations.
• The length of the marriage — Under the Utah alimony laws, the longer the duration of the marriage, the more likely it is that alimony would be granted.
• Child custody — The court would evaluate whether the recipient spouse has custody of a minor child who needs support.
• The payor spouse’s business operations — If the recipient spouse worked in a business that was owned or operated by the payor spouse, this factor would be considered when deciding alimony.
• The recipient spouse’s contributions to the payor spouse’s education — The court would assess any contributions made by the recipient spouse to increase the payor spouse’s skills by paying for their education or enabling them to attend school while they were married.

In addition, the court may consider any fault of the spouses that contributed to the breakdown of the marriage. “Fault” can include acts such as adultery, causing physical harm to the other spouse or a child, or threatening harm to the other spouse or a child. A spouse may also be at fault if they take measures to substantially undermine the other spouse’s financial stability.

Do You Need to Go to Court to Determine Alimony?

Couples don’t always need to let a judge decide alimony matters for them. Spouses can reach an agreement outside the courtroom based on what they think is fair — this may not always be the same result that is reached in the courtroom. Mediation and the collaborative divorce process are two alternative dispute resolution methods that can help spouses openly discuss their financial needs and find creative solutions.

With alternative dispute resolution, spouses can determine the terms of alimony between themselves and customize an agreement that works for both of them. By avoiding litigation, spouses can often remain amicable, which is essential if they will be co-parenting. Spouses who determine the issues that must be decided in divorce for themselves are typically much more satisfied with the outcome.

Contact an Experienced Utah Divorce Attorney

If you would like to learn more about the revised Utah alimony laws, it’s best to consult with an experienced divorce attorney who can advise you regarding your rights. Based in Salt Lake City, BartonWood offers reliable representation to clients for a wide variety of divorce and family law issues, including those involving alimony. To learn more about our legal services and how we can assist you, call 801-326-8300 or contact us to schedule a consultation.