Divorce

Alimony is financial support paid by one spouse to the other. Usually, alimony can only be ordered for a time period that is equal or lesser to the length of the marriage. The “length of the marriage” is the time period from the day of the marriage to the day on which the petition for divorce is filed in court. However, if the judge believes that there are extreme facts (extenuating circumstances) to allow alimony to be continued for longer, the judge can order it.¹

When deciding whether to order alimony, the judge may or may not consider the fault of the parties in determining whether to award alimony and the terms of the alimony.²

The judge must consider the following factors:

• your financial needs and current financial condition;
• your ability to earn your own income, including whether you have less work experience because you have been raising children;
• whether your spouse can afford to pay alimony;
• how long the marriage was;
• whether you have custody of any minor children who need support;
• whether you worked in a business owned and operated by the other spouse;
• whether you helped to increase the other spouse’s skills by paying for his/her education or helping him/her attend school during the marriage;
• whether, due to both of your efforts, a major change in income was about to happen right before you and your spouse separated; and
• the way you and your spouse lived (standard of living). Note: As a general rule, the judge will look at your standard of living at the time of separation when deciding the amount of alimony. However, the judge could instead decide to base alimony on the standard of living that existed at the time of trial or, if the marriage was short and there were no children of the marriage, the judge may consider the standard of living that existed at the time of the marriage.³ 

The judge may, under appropriate circumstances, grant an amount of alimony that would bring you and your spouse to an equal standard of living.⁴

¹ Utah Code § 30-3-5(11)(e)(i), (11)(e)(iii), (1)(c)
² Utah Code § 30-3-5(10)(b)
³ Utah Code § 30-3-5(10)(a), (10)(f), (10)(d)
⁴ Utah Code § 30-3-5(10)(e)