Will a judge consider who is at fault for the end of the marriage when making a decision about alimony?
A judge may consider the fault of the parties in the marriage’s end when deciding whether or not to order alimony and how much to order.1 A spouse can be considered at fault when s/he does any of the following acts, but only if it substantially contributed to the breakup of the marriage:
- had sexual relations with someone else;
- intentionally caused or tried to cause physical harm to the other spouse or to a minor child;
- intentionally caused the other spouse or a minor child to reasonably fear life-threatening harm; or
- substantially damaged (undermined) the financial stability of the other spouse or a minor child.2
Note: If a judge finds fault, s/he may close the court to the public and seal the court records.3
1 Utah Code § 30-3-5(10)(b)
2 Utah Code § 30-3-5(1)(b)
3 Utah Code § 30-3-5(10)(c)