Divorce

A judge can change an alimony order although if there must be a “substantial material change in circumstances” that were not specifically addressed in the divorce decree nor in the judge’s “findings” (determinations) that were entered into the court record at the time of the divorce decree. The judge can also change the order if one party retires, unless the divorce decree or the findings that the judge entered at the time of the divorce decree specifically states otherwise. However, the judge cannot change an alimony order or issue a new alimony order to address a new need that the person receiving alimony may have if it did not exist during the divorce, unless the judge believes there are extreme facts (extenuating circumstances).¹

Also, the judge cannot consider the income of the paying spouse’s new spouse to be a substantial change in circumstances in order to increase the amount of alimony that s/he pays in determining alimony, except to consider:

• the new spouse’s ability to share living expenses; or
• if the paying spouse’s bad behavior (improper conduct) justifies that consideration.²

A judge can also end (terminate) your alimony order under certain conditions. In Utah, you would stop receiving alimony when:

• you die;
• you get married again, and the marriage is not annulled; or
• your spouse files to end alimony because you are or were living with another person as though you’re a married couple (cohabiting). Note: Your spouse must file to end alimony within one year of when s/he knew or should have known that you were cohabiting with someone else.³

¹ Utah Code § 30-3-5(11)(a)-(c)
² Utah Code § 30-3-5(11)(d)
³ Utah Code § 30-3-5(12)(a), (14)