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Legal Information: Utah

Divorce

Laws current as of September 19, 2024

Will a judge consider who is at fault for the marriage ending when making a decision about alimony?

A judge may or may not consider the fault of the parties that led to a divorce being filed 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 you or your minor child;
  • intentionally caused you or your minor child to reasonably fear life-threatening harm; or
  • substantially damaged (undermined) the financial stability of you or your minor child.2

Note: If a judge finds fault, s/he may close the court to the public and seal the court records.1

1 Utah Code § 81-4-502(2)
2 Utah Code § 81-4-501(3)

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