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Bonham v. Bonham, 2026 UT App 141

Case Summary

Emily Curtis Bonham and Brandon Reynolds Bonham were married for twenty-one years and shared a substantial marital estate that included the marital home and a business, RMT Equipment (RMT). Following a four-day bench trial, the district court largely adopted Emily’s proposed findings, awarded her alimony, a support arrearage, and attorney fees, and sanctioned Brandon for nondisclosure and dissipation by awarding Emily equity in a house he purchased during the divorce and 75% of the value of the assets he dissipated. Brandon appealed, challenging uncorrected calculation errors that Emily had conceded below, both sanctions, the valuation of RMT and several personal-property items, the alimony and arrearage calculations, and the initial and post-trial attorney fee awards. The Court of Appeals affirmed in part, reversed in part, and remanded, holding principally that a dissipation credit should ordinarily be one-half of the dissipated funds and that numerous financial determinations lacked adequate findings.

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Oral Argument

Briefing Documents

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Coverage

Facts

Marriage, Separation, and Petition

  • The parties married in July 1998 and separated in July 2019 after Brandon admitted to an extramarital affair that resulted in the birth of a child; Emily petitioned for divorce citing irreconcilable differences and the affair.
  • The parties had four children, three of whom were minors when the petition was filed; by the time of the decree, one child remained a minor.

Temporary Orders

  • A stipulated temporary order awarded Emily possession of the marital home, directed Brandon to continue operating RMT while listing Emily as a general employee at a salary of $2,000 per month, and required Brandon to pay $4,000 per month in “family support” intended to cover child support and spousal support.
  • The temporary order also required Brandon to pay Emily’s automobile fuel and maintenance and the health insurance costs for Emily and the children, required the parties to share equally the children’s existing extracurricular costs, and awarded each party his or her personal effects and personal items.
  • Before trial, the parties stipulated that Brandon would pay $25,000 toward Emily’s attorney fees; Emily’s parents paid her remaining fees and, as the court later found, $55,000 of her living expenses during the litigation.

The Haven Oaks and Rolling Brook Houses

  • In support of his motion for temporary orders, Brandon declared that his father, Brent, was purchasing a property that Brandon planned to rent, with a plan to purchase it after the divorce was finalized.
  • Brent purchased the Haven Oaks house in early 2020, and Brandon purchased it from Brent in November 2020, long before the divorce was finalized.
  • Brandon’s first financial disclosure (December 2019) did not list the Haven Oaks house because he did not yet own it; his second disclosure, filed May 13, 2022, listed it as his real property. Emily’s second disclosure, filed the same day, also listed the Haven Oaks house and valued it based on a 2021 comparative market analysis and mortgage statement.
  • Brandon later sold the Haven Oaks house and, in August 2022, purchased the Rolling Brook house using the Haven Oaks equity, which he disclosed in his third financial disclosure; he asserted that Brent gifted him a portion of the purchase funds.

Alimony and Child Support

  • The court ordered child support of $1,926 per month for the remaining minor child and found Emily’s monthly need to be $9,107.
  • Although the court found Emily could potentially earn $1,950 to $3,089 per month, it declined to impute income because she was a full-time caretaker for the minor child, who required special attention due to lingering medical issues, and was pursuing educational opportunities.
  • The court found Brandon able to earn $23,133.80 per month, applied a 20% tax rate, and found his claimed $14,137.69 in monthly expenses inflated in multiple respects, but it did not quantify most of the reductions or state a net figure for his reasonable expenses.
  • The court awarded Emily $7,181 per month in alimony (her need less child support) for 21 years, corresponding to the length of the marriage.

Support Arrearage

  • The court found that Brandon owed Emily $127,959 in past child support and alimony after crediting the amounts paid under the temporary order and finding that Emily received only about $1,500 per month in after-tax RMT salary.
  • On Emily’s post-trial motion, the court increased the arrearage to $157,815 to account for periods when more than one child was a minor.

Business Valuation (RMT)

  • The court gave little weight to Brandon’s expert, found Emily’s expert (who valued RMT at $3,444,000) helpful and credible, and found that the best evidence of value was Brandon’s own evaluation as owner.
  • Brandon testified that RMT was worth $1.5 million, but his proposed findings also stated that he would be willing to purchase Emily’s interest in RMT for $1,500,000; the court read that statement as implying a $3 million value.
  • The court deducted a $500,000 debt Brandon owed Brent for the purchase of RMT, valuing the business at $2.5 million, but declined to deduct a claimed $700,000 debt to Zions Bank because no documentation or payments were shown. The court alternatively offered Brandon the option of selling RMT and dividing the proceeds equally.

Other Property

  • The court valued a piano at $15,000, Brandon’s mountain bikes at $10,000, 3 1/3 water shares at $10,000 total, and Brandon’s YPO membership at $2,000.

Dissipation and Sanctions

  • The court found that Brandon intentionally violated the rule 109 injunction and the temporary orders by spending marital funds on vehicles, trailers, gifts, vacations, and other purchases, and that he dissipated at least $367,599, including an Airstream trailer, a BMW and jewelry for the parties’ daughters, improvements to the Haven Oaks house, and the payoff of Emily’s Yukon.
  • The court held Brandon in contempt and, citing rule 26.1(f), ordered him to pay Emily 75% rather than 50% of the dissipated value as a sanction.
  • The court also awarded Emily half of the Rolling Brook equity as a sanction for Brandon’s failure to disclose his Haven Oaks interest until more than 17 months after he purchased it, without deciding whether Rolling Brook was Brandon’s separate property.

Attorney Fees

  • The court awarded Emily her trial fees from the marital estate, less the $25,000 already paid, reasoning that Brandon had paid his own fees through RMT with marital funds and that Emily should have the same opportunity; it found her fees reasonable in light of the complexity of the issues.

Post-Trial Motions and Post-Trial Fees

  • Brandon’s motion to alter or amend raised roughly two dozen issues. In response, Emily conceded several errors, including the double-counting of the $55,000 her parents paid, the miscalculation of her after-tax RMT income, the omission of credit for auto fuel, and the valuation of the water shares at $10,000 each rather than $10,000 total.
  • The court did not address the conceded errors; it granted Brandon relief only on the retroactive start date for alimony and granted Emily’s motion to increase the child support arrearage.
  • Following Judge McKelvie’s retirement, Judge Sanchez awarded Emily the fees she incurred defending Brandon’s post-trial motion under rule 102, finding that Emily still could not afford her fees and that Brandon retained the resources to pay them.

Issues of the Case

Appellant Brandon Reynolds Bonham raised ten issues on appeal.

  1. Issue 1: Conceded Calculation Errors
  2. Issue 2: Rule 26.1(f) Sanction / Rolling Brook House Equity
  3. Issue 3: Dissipation / 75% Sanction
  4. Issue 4: Business Valuation (RMT)
  5. Issue 5: Personal Property Valuation (Piano, Mountain Bikes, YPO Membership)
  6. Issue 6: Alimony / Recipient’s Need (Imputed Income and Extracurricular Costs)
  7. Issue 7: Alimony / Payor’s Ability to Pay (Reasonable Expenses, Business-Paid Expenses, Tax Rate)
  8. Issue 8: Support Arrearage
  9. Issue 9: Initial Attorney Fee Award
  10. Issue 10: Post-Trial Attorney Fee Award

The court remanded the conceded calculation errors (Issue 1); reversed and remanded the Rolling Brook sanction (Issue 2), the dissipation determination and 75% sanction (Issue 3), and the post-trial fee award (Issue 10); affirmed in part and reversed and remanded in part as to personal property valuation (Issue 5), Brandon’s ability to pay (Issue 7), the support arrearage (Issue 8), and the initial fee award (Issue 9, entitlement affirmed and amount vacated); and affirmed the valuation of RMT (Issue 4) and the findings on Emily’s need (Issue 6).

  • Property Division – Equitable Distribution

    1. Conceded Calculation Errors

    Claim on Appeal: Brandon argued that the district court, without explanation, failed to correct more than $100,000 in calculation errors—some introduced through Emily’s proposed findings—that Emily conceded in response to his post-trial motion: (1) requiring him both to pay the support arrearage and to reimburse the $55,000 in living expenses Emily’s parents paid; (2) miscalculating Emily’s after-tax RMT income by $11,400; (3) failing to credit him $15,200 for Emily’s auto fuel; and (4) undervaluing the water shares awarded to Emily by $23,000.

    Holding: — Remanded. Because Emily acknowledged on appeal that the court rejected her concessions without explanation and that the lack of findings was inadequate for appellate review, the court granted the agreed remand for the district court to address these errors in the first instance with adequate findings.

    Statutory Authority: None cited. The remand rests on the parties’ agreement and the adequacy-of-findings requirement.

    Standard of Review:

    Category: Abuse of Discretion

    Specific Standard: “Because the parties agree on the propriety of a remand to remedy these errors, we grant the remand to allow the court to address these errors in the first instance.” Bonham v. Bonham, 2026 UT App 141, ¶ 36. (The court articulated no separate standard for this issue; the underlying arrearage and valuation determinations fall within the “considerable discretion” standard stated at ¶ 38.)

    Applies To: The district court’s unexplained refusal, in its order on the motions to amend, to correct the arrearage, RMT-income, auto-fuel, and water-share calculations that Emily conceded were erroneous.

    Controlling Cases:

    • Krajeski v. Krajeski, 2025 UT App 19, 565 P.3d 544, cert. denied, 574 P.3d 519 (Utah 2025) (findings must reveal how the court reached its conclusions and show the decree follows logically from the evidence)

    Why It Matters: An unexplained rejection of an opponent’s concession of error leaves nothing for an appellate court to review and will ordinarily produce a remand. The issue also illustrates the risk of a court adopting one party’s proposed findings wholesale: errors in those proposals become the court’s errors, and a party who concedes them below is unlikely to defend them on appeal.

  • Civil Procedure – Sanctions

    2. Rule 26.1(f) Sanction / Rolling Brook House Equity

    Claim on Appeal: Brandon argued that rule 26.1(f) did not authorize awarding Emily equity in the Rolling Brook house because the referenced sanctions are not listed in rule 37, because rule 37 sanctions require a motion and violation of a specific court order, and because he in fact disclosed his ownership of the Haven Oaks house.

    Holding: — Reversed and Remanded. Even assuming the sanction was available under rule 26.1(f), it was improperly imposed because Brandon technically complied with the rule by disclosing his ownership of the Haven Oaks house in his May 2022 financial declaration, months before trial, and Emily was not harmed by any tardiness; the court remanded for the district court to classify the Rolling Brook house as marital or separate property.

    Statutory Authority: No statute. Utah R. Civ. P. 26.1(c), (c)(5), and (f) (financial declaration and disclosure sanctions); Utah R. Civ. P. 37(b) (sanctions for failure to follow court orders).

    Standard of Review:

    Category: Correctness

    Specific Standard: “A district court’s interpretation of the Utah Rules of Civil Procedure is reviewed for correctness. For this reason, a court’s decision regarding the adequacy of the party’s disclosures is reviewed for correctness.” Bonham v. Bonham, 2026 UT App 141, ¶ 37 (quoting Bailey v. Bailey, 2024 UT App 51, ¶ 21, 548 P.3d 519) (quotation simplified).

    Applies To: The district court’s determination that Brandon failed to adequately disclose his interest in the Haven Oaks house and its resulting award to Emily of one-half of the Rolling Brook equity as a rule 26.1(f) sanction.

    Controlling Cases:

    • Bailey v. Bailey, 2024 UT App 51, 548 P.3d 519 (adequacy of disclosures reviewed for correctness; rule 37 is not self-executing and requires a prior court order)
    • Stonehocker v. Stonehocker, 2008 UT App 11, 176 P.3d 476 (court must first identify disputed property and classify it as marital or separate)

    Why It Matters: A disclosure sanction requires an actual failure to disclose; a disclosure that is late but made before trial, causing no prejudice, will not support an award of property as a sanction. A sanction also cannot substitute for the threshold classification of property as marital or separate. In footnote 7 the court identified, but declined to resolve, the tension between rule 26.1(f)’s sanctions language and rule 37(b)’s order-and-motion requirement, and expressly urged the Advisory Committee on the Rules of Civil Procedure to clarify the interplay.

  • Property Division — Dissipation

    3. Dissipation / 75% Sanction

    Claim on Appeal: Brandon argued that several purchases made during the divorce—including the Airstream trailer, the BMW and jewelry for the parties’ daughters, improvements to the Haven Oaks house, and vehicles for himself and his girlfriend—were not dissipation, and that awarding Emily 75% of the dissipated value as a sanction was improper.

    Holding: — Reversed and Remanded. The findings did not address the dissipation factors (other than obstruction, and then only for certain items) or disclose how the court arrived at the values assigned, and awarding Emily 75% of the dissipated total as a sanction was improper regardless of the rule invoked because the dissipation credit should ordinarily be one-half; on remand the court must redetermine what dissipation occurred and award Emily half.

    Statutory Authority: Utah Code § 78B-6-301 et seq. (contempt; cited by the district court as “§ 78B-6-3 et seq.”); Utah R. Civ. P. 109 (automatic domestic injunction); Utah R. Civ. P. 26.1(f) (disclosure sanctions).

    Standard of Review:

    Category: Abuse of Discretion

    Specific Standard: “[W]e review the court’s dissipation determinations for an abuse of discretion, though ‘we cannot affirm its determination when the trial court abuses its discretion by failing to enter specific, detailed findings supporting its financial determinations.’” Bonham v. Bonham, 2026 UT App 141, ¶ 37 (quoting Rayner v. Rayner, 2013 UT App 269, ¶ 4, 316 P.3d 455) (quotation simplified).

    Applies To: The district court’s finding that Brandon dissipated at least $367,599 of marital funds and its order that he pay Emily 75% of that amount.

    Controlling Cases:

    • Hillam v. Hillam, 2024 UT App 102, 554 P.3d 1137 (five dissipation factors; case-specific inquiry best decided by the district court in the first instance)
    • Rayner v. Rayner, 2013 UT App 269, 316 P.3d 455 (deviation from equal division for dissipation must be supported by detailed findings; remand for inadequate findings)
    • Goggin v. Goggin, 2013 UT 16, 299 P.3d 1079 (court may hold a party accountable for dissipation by crediting the other spouse; presumption of equal division of marital property)
    • Ball v. Ball, 2025 UT App 200, 584 P.3d 330 (dissipation credit should ordinarily be half of the dissipated funds)
    • Cox v. Cox, 2023 UT App 62, 532 P.3d 128 (findings will not be implied where a matrix of possible findings exists)
    • Prisbrey v. Prisbrey, 2026 UT App 39, 588 P.3d 329 (appellate court will not comb the record to supply missing findings)
    • Krajeski v. Krajeski, 2025 UT App 19, 565 P.3d 544 (findings must disclose the steps by which the ultimate conclusion was reached)
    • Young H2ORE v. J&M Transmission LLC, 2024 UT App 10, 543 P.3d 1264 (appellate court may provide guidance on issues certain to arise on remand)

    Why It Matters: The opinion draws a firm line between compensating a spouse for dissipation and punishing the dissipating spouse: the remedy is a credit equal to the innocent spouse’s share, ordinarily one-half, and a court may not inflate that credit to 75% as a sanction “no matter the rule on which the award was premised.” The opinion also requires item-by-item findings tied to the Hillam factors and to the record evidence of value. On remand the court was directed to account for Brandon’s trial concession of $61,000 in dissipation, an unchallenged $49,556, and Emily’s concession that the $40,000 Yukon payoff was not dissipation.

  • Property Division — Business Interests

    4. Business Valuation (RMT)

    Claim on Appeal: Brandon argued that the court purported to accept his $1.5 million valuation of RMT but mistakenly used $2.5 million, and that the valuation should have deducted a $700,000 debt RMT owed Zions Bank through Brent.

    Holding: — Affirmed. The court did not wholesale adopt Brandon’s valuation; it reasonably relied on Emily’s credible expert ($3,444,000) and Brandon’s own proposed finding implying a $3 million value, and after deducting the $500,000 debt to Brent reached a $2.5 million value within the range of the evidence, while reasonably declining to credit the undocumented $700,000 Zions Bank debt.

    Statutory Authority: None cited.

    Standard of Review:

    Category: Abuse of Discretion

    Specific Standard: The court exceeds the sound exercise of its discretion “only if no reasonable person would take the view adopted by the district court, that is, if a misunderstanding or misapplication of the law resulted in substantial and prejudicial error, if the court’s factual findings are clearly erroneous, or if the award is so seriously inequitable as to manifest a clear abuse of discretion.” Bonham v. Bonham, 2026 UT App 141, ¶ 38 (quoting Rothwell v. Rothwell, 2023 UT App 50, ¶ 33, 531 P.3d 225) (quotation simplified).

    Applies To: The district court’s $2.5 million valuation of RMT and its refusal to deduct the claimed $700,000 Zions Bank debt.

    Controlling Cases:

    • Rothwell v. Rothwell, 2023 UT App 50, 531 P.3d 225 (considerable discretion in valuation, distribution, and alimony)
    • Wadsworth v. Wadsworth, 2022 UT App 28, 507 P.3d 385 (court may give little weight to unhelpful expert testimony; valuation upheld if within the range of values established by the testimony)
    • Knowlton v. Knowlton, 2023 UT App 16, 525 P.3d 898 (failing to accept one party’s proposed valuation is not an abuse of discretion)
    • Barrani v. Barrani, 2014 UT App 204, 334 P.3d 994 (appellate court will not second-guess weight and credibility determinations with a reasonable record basis)

    Why It Matters: A party’s own proposed findings can be used against him as evidence of value; counsel characterized the $1.5 million-for-Emily’s-interest statement at oral argument as an erroneous “one-off,” but the court treated it as consistent with the expert evidence. The opinion also confirms that a large claimed business debt, unsupported by documentation or proof of payments, may be disregarded despite live testimony. In footnote 9 the court noted that Brandon could have elected the alternative of selling RMT and dividing the proceeds if he believed the business was overvalued.

  • Property Division — Personal Property

    5. Personal Property Valuation (Piano, Mountain Bikes, YPO Membership)

    Claim on Appeal: Brandon argued that the court improperly singled out the piano, mountain bikes, and YPO membership for valuation after the temporary order had already awarded each party his or her personal effects, and that the assigned values lacked evidentiary support; he further argued that the YPO membership was an expense rather than an asset.

    Holding: — Affirmed in Part; Reversed and Remanded in Part. The temporary order did not bar the final decree from valuing these items, and the piano ($15,000) and mountain bike ($10,000) values were within the range of the evidence, but no record evidence supported the $2,000 YPO valuation, so the court remanded for specific findings on its value and classification.

    Statutory Authority: None cited.

    Standard of Review:

    Category: Abuse of Discretion

    Specific Standard: The district court is afforded “considerable discretion” in its “valuation of the marital property, the manner in which it distributed that property, and its alimony determination.” Bonham v. Bonham, 2026 UT App 141, ¶ 38 (quoting Rothwell v. Rothwell, 2023 UT App 50, ¶ 33, 531 P.3d 225) (quotation simplified).

    Applies To: The district court’s valuation and allocation to Brandon of the piano, the mountain bikes, and the YPO membership.

    Controlling Cases:

    • Goggin v. Goggin, 2013 UT 16, 299 P.3d 1079 (court may view the marital property in its entirety to achieve a clean break and equitable division)
    • Miner v. Miner, 2021 UT App 77, 496 P.3d 242 (arrangements in a temporary order may be changed in the final decree after trial)
    • Wadsworth v. Wadsworth, 2022 UT App 28, 507 P.3d 385 (valuation upheld if within the range of values established by the testimony)
    • Stonehocker v. Stonehocker, 2008 UT App 11, 176 P.3d 476 (without findings on categorization and value, the appellate court cannot assess the distribution)

    Why It Matters: Temporary orders allocating personal effects do not prevent a trial court from valuing and distributing those items in the final decree. A valuation within the range of the parties’ testimony will be affirmed, and a party’s silence on value strengthens the other party’s figure; but an asset value with no evidentiary source in the record will be remanded.

  • Alimony – Financial Needs

    6. Alimony / Recipient’s Need (Imputed Income and Extracurricular Costs)

    Claim on Appeal: Brandon argued that the court should have imputed income to Emily and should have reduced the $490 monthly extracurricular expense included in her needs based on his counsel’s representation that the minor child’s soccer cost $2,400 per year.

    Holding: — Affirmed. The court acted within its discretion in declining to impute income because Emily was a full-time caretaker for a minor child with ongoing medical needs and was pursuing education, and the extracurricular figure was supported by Emily’s testimony while counsel’s representation was not evidence.

    Statutory Authority: Not cited in the opinion. The court applied the Jones factors, which are codified at Utah Code § 81-4-502 (Formerly: § 30-3-5) (alimony factors).

    Standard of Review:

    Category: Abuse of Discretion

    Specific Standard: “Trial courts have broad discretion to select an appropriate method of assessing a spouse’s income, including determinations of income imputation.” Bonham v. Bonham, 2026 UT App 141, ¶ 66 (quoting Godfrey v. Godfrey, 2024 UT App 156, ¶ 51, 560 P.3d 151) (quotation simplified).

    Applies To: The district court’s refusal to impute income to Emily and its inclusion of $490 per month in extracurricular costs in her monthly needs.

    Controlling Cases:

    • Jones v. Jones, 700 P.2d 1072 (Utah 1985) (alimony factors: recipient’s needs, recipient’s earning capacity, payor’s ability to pay)
    • Miner v. Miner, 2021 UT App 77, 496 P.3d 242 (Jones factors; alimony determinations must be supported by adequate findings on all material issues)
    • Godfrey v. Godfrey, 2024 UT App 156, 560 P.3d 151 (broad discretion in income imputation; challenger bears a heavy burden)

    Why It Matters: A court may decline to impute income, even where it finds a potential earning range, when the recipient is a full-time caregiver for a child with special needs and is pursuing education. The opinion also reiterates that counsel’s representations at trial are not evidence and cannot displace sworn testimony on expenses.

  • Alimony – Income Determination

    7. Alimony / Payor’s Ability to Pay (Reasonable Expenses, Business-Paid Expenses, Tax Rate)

    Claim on Appeal: Brandon argued that the court failed to make an express finding of his reasonable monthly expenses, should have treated $4,733.77 per month that RMT paid toward his personal expenses as an expense, and failed to explain its 20% tax rate.

    Holding: — Affirmed in Part; Reversed and Remanded in Part. The court found Brandon’s expenses inflated but failed to quantify the reductions or state a net figure for his reasonable expenses, and failed to explain what the 20% tax rate encompassed, requiring remand; but it permissibly treated business-paid vacation expenses as income available to pay alimony.

    Statutory Authority: Not cited in the opinion. The court applied the Jones factors, which are codified at Utah Code § 81-4-502 (Formerly: § 30-3-5) (alimony factors).

    Standard of Review:

    Category: Abuse of Discretion

    Specific Standard: “In all cases, the trial court must support its alimony determinations with adequate findings on all material issues.” Bonham v. Bonham, 2026 UT App 141, ¶ 65 (quoting Miner v. Miner, 2021 UT App 77, ¶ 17, 496 P.3d 242) (quotation simplified); see id. ¶ 38 (“considerable discretion” in “its alimony determination”).

    Applies To: The district court’s findings on Brandon’s ability to pay alimony, specifically his reasonable monthly expenses, the treatment of personal expenses paid by RMT, and the 20% tax rate.

    Controlling Cases:

    • Taft v. Taft, 2016 UT App 135, 379 P.3d 890 (finding expenses inflated without determining reasonable expenses makes review of the alimony award impossible)
    • Stonehocker v. Stonehocker, 2008 UT App 11, 176 P.3d 476 (lengthy findings that omit key figures hamper appellate review)
    • Miner v. Miner, 2021 UT App 77, 496 P.3d 242 (adequate findings required on all material alimony issues)

    Why It Matters: A finding that expenses are “inflated” or should be “reduced significantly” is not enough; the court must make both a numeric global finding of reasonable expenses and specific findings of each reduction. A tax rate applied to imputed or actual income must be explained, including whether it covers federal, state, FICA, and Medicare. At the same time, personal expenses that a closely held business pays on the owner’s behalf may properly be treated as income available for support rather than as an expense.

  • Child Support – Arrears

    8. Support Arrearage

    Claim on Appeal: Brandon argued that the arrearage should be reduced to credit his payments for Emily’s health insurance, auto fuel and maintenance, and his half of the children’s extracurriculars during the divorce, and that the court should not have retroactively increased child support.

    Holding: — Affirmed in Part; Reversed and Remanded in Part. Based on Emily’s concessions, the court must recalculate the arrearage to correct Emily’s RMT income and credit Brandon’s payments for auto fuel and health insurance; the court did not exceed its discretion in denying credit for auto maintenance and extracurriculars (for which there was no evidence of payment) or in retroactively increasing child support.

    Statutory Authority: None cited.

    Standard of Review:

    Category: Abuse of Discretion

    Specific Standard: The district court is afforded “considerable discretion” in its “valuation of the marital property, the manner in which it distributed that property, and its alimony determination.” Bonham v. Bonham, 2026 UT App 141, ¶ 38 (quoting Rothwell v. Rothwell, 2023 UT App 50, ¶ 33, 531 P.3d 225) (quotation simplified).

    Applies To: The district court’s calculation of the $157,815 child support and alimony arrearage accrued during the pendency of the divorce.

    Controlling Cases:

    • Rothwell v. Rothwell, 2023 UT App 50, 531 P.3d 225 (considerable discretion standard)

    Why It Matters: Credits against a temporary-support arrearage must be proven with evidence of actual payment; obligations imposed by a temporary order are not presumed satisfied. Emily’s testimony that she borrowed $6,000 from her parents for car repairs and that Brandon declined to fund extracurriculars defeated his claimed credits. The court also rejected the assertion that a retroactive increase in child support necessarily reduces alimony, because the district court did not calculate the two interdependently.

  • Attorney Fees — Award

    9. Initial Attorney Fee Award

    Claim on Appeal: Brandon argued that the court awarded Emily fees without making the determinations required by Utah Code § 81-1-203 or rule 102, and that Emily’s wholly redacted billing statements prevented a proper reasonableness determination.

    Holding: — Affirmed in Part; Amount Vacated and Remanded. The court acted within its inherent equitable power in allowing Emily to pay her fees from the marital estate because Brandon had paid his own fees from marital funds, but its conclusory reasonableness finding did not support the amount, which was vacated and remanded for detailed findings.

    Statutory Authority: Utah Code § 81-1-203 (Formerly: § 30-3-3) (award of costs and attorney fees in domestic actions) (raised by Brandon); Utah R. Civ. P. 102 (raised by Brandon). The court affirmed on the basis of its inherent equitable power.

    Standard of Review:

    Category: Abuse of Discretion

    Specific Standard: “In divorce cases, both the decision to award attorney fees and the amount of such fees are within the trial court’s sound discretion.” Bonham v. Bonham, 2026 UT App 141, ¶ 39 (quoting Miner v. Miner, 2021 UT App 77, ¶ 108, 496 P.3d 242) (quotation simplified).

    Applies To: The district court’s decision to permit Emily to pay her trial attorney fees and expert costs from the marital estate, and the amount of that award.

    Controlling Cases:

    • Silva v. Silva, 2018 UT App 210, 437 P.3d 593 (fees awardable by statute or contract, or under the court’s inherent equitable power to award reasonable fees)
    • Goggin v. Goggin, 2013 UT 16, 299 P.3d 1079 (court must ascertain whether the equities justify an inherent-power fee award)
    • Dahl v. Dahl, 2015 UT 79, 459 P.3d 276 (inequitable to allow one spouse to pay fees from marital assets while denying the other the same privilege)
    • Knowlton v. Knowlton, 2023 UT App 16, 525 P.3d 898 (obvious imbalance where one spouse uses marital funds for legal expenses without a similar benefit to the other)
    • CWS, LLC v. Montgomery, 2025 UT App 183, 583 P.3d 373 (courts should make findings explaining the factors relied on in setting a fee award)

    Why It Matters: The opinion applies Dahl to affirm an equitable fee award premised on parity: where one spouse funds litigation from marital resources, the court may allow the other to do the same without a separate need-and-ability analysis under the statute or rule 102. The equitable basis does not, however, relieve the court of making detailed findings that the amount is reasonable, particularly where billing records are heavily redacted.

  • Attorney Fees — Award

    10. Post-Trial Attorney Fee Award

    Claim on Appeal: Brandon argued that the post-trial fee award rested on the same flawed equitable reasoning as the initial award and that the reasoning no longer applied after the marital estate had been divided.

    Holding: — Reversed and Remanded. Although the marital-estate parity rationale does not apply post-decree, the court relied on rule 102, but it did not make adequate findings on Emily’s need, Brandon’s ability to pay, or the reasonableness of the fees, particularly given the adjustments to the parties’ finances required on remand.

    Statutory Authority: Utah R. Civ. P. 102(a)–(b) (motion for costs and fees to enable a party to prosecute or defend a domestic action).

    Standard of Review:

    Category: Abuse of Discretion

    Specific Standard: “In divorce cases, both the decision to award attorney fees and the amount of such fees are within the trial court’s sound discretion.” Bonham v. Bonham, 2026 UT App 141, ¶ 39 (quoting Miner v. Miner, 2021 UT App 77, ¶ 108, 496 P.3d 242) (quotation simplified).

    Applies To: The district court’s rule 102 award of the fees Emily incurred defending Brandon’s post-trial motion to alter or amend.

    Controlling Cases:

    • Krajeski v. Krajeski, 2025 UT App 19, 565 P.3d 544 (rule 102 award must rest on evidence of need, ability to pay, and reasonableness)
    • Miner v. Miner, 2025 UT App 64, 571 P.3d 788, cert. denied, 574 P.3d 526 (Utah 2025) (a fee award requires detailed findings of fact)
    • Leppert v. Leppert, 2009 UT App 10, 200 P.3d 223 (fee findings must be revisited where remand alters the parties’ financial circumstances)
    • Duffin v. Duffin, 2025 UT App 136, 578 P.3d 751 (party awarded fees below who prevails on appeal ordinarily receives appellate fees)
    • Vanderwood v. Woodward, 2019 UT App 140, 449 P.3d 983 (prevailing-party determination for fees may be left to the district court on remand)

    Why It Matters: Post-decree fee awards cannot rest on the equitable parity rationale used during the pendency of the divorce, because the estate has already been divided; they require independent rule 102 findings on need, ability to pay, and reasonableness. A finding that the movant was largely unsuccessful supports the reasonableness of awarding fees but does not substitute for those findings. Because both parties achieved partial success on appeal, the court left Emily’s request for appellate fees to the district court’s prevailing-party determination on remand (footnote 13).

Rules of Evidence

Utah Codes

Rules of Civil Procedure

Utah Code of Judicial Administration

Utah Rules of Appellate Procedure

Utah Rules of Professional Conduct

Case Cited

  • Ball v. Ball, 2025 UT App 200, 584 P.3d 330 (dissipation credit should ordinarily be one-half of the dissipated marital funds)
  • Bailey v. Bailey, 2024 UT App 51, 548 P.3d 519 (adequacy of disclosures reviewed for correctness; rule 37 is not self-executing; doubt whether rule 26.1(f) authorizes rule 37 sanctions absent a court order)
  • Barrani v. Barrani, 2014 UT App 204, 334 P.3d 994 (deference to fact-finder’s weight and credibility determinations; supports rejection of undocumented Zions Bank debt)
  • Cox v. Cox, 2023 UT App 62, 532 P.3d 128 (limits on implied findings where a matrix of possible findings exists)
  • CWS, LLC v. Montgomery, 2025 UT App 183, 583 P.3d 373 (trial courts should make findings explaining the factors relied on in fee awards)
  • Dahl v. Dahl, 2015 UT 79, 459 P.3d 276 (inequitable to permit one spouse to pay fees from marital assets while denying the other; basis for affirming initial fee entitlement)
  • Duffin v. Duffin, 2025 UT App 136, 578 P.3d 751 (appellate fees ordinarily follow when the party awarded fees below prevails on appeal)
  • Godfrey v. Godfrey, 2024 UT App 156, 560 P.3d 151 (broad discretion over income imputation; heavy burden on challenger)
  • Goggin v. Goggin, 2013 UT 16, 299 P.3d 1079 (accountability and credit for dissipation; presumption of equal division; whole-estate apportionment; equitable fee power)
  • Hillam v. Hillam, 2024 UT App 102, 554 P.3d 1137 (five-factor dissipation test; case-specific inquiry for the district court)
  • Jones v. Jones, 700 P.2d 1072 (Utah 1985) (foundational alimony factors)
  • Knowlton v. Knowlton, 2023 UT App 16, 525 P.3d 898, cert. denied, 531 P.3d 730 (Utah 2023) (rejecting a party’s proposed valuation is not an abuse of discretion; imbalance where one spouse pays legal fees with marital funds)
  • Krajeski v. Krajeski, 2025 UT App 19, 565 P.3d 544, cert. denied, 574 P.3d 519 (Utah 2025) (adequacy of findings; requirements for rule 102 fee awards)
  • Leppert v. Leppert, 2009 UT App 10, 200 P.3d 223 (fee findings revisited in light of remand adjustments)
  • Miner v. Miner, 2021 UT App 77, 496 P.3d 242 (Jones factors and adequate findings; fee decisions discretionary; temporary orders may be changed in final decree)
  • Miner v. Miner, 2025 UT App 64, 571 P.3d 788, cert. denied, 574 P.3d 526 (Utah 2025) (fee awards require detailed findings of fact)
  • Mintz v. Mintz, 2023 UT App 17, 525 P.3d 534, cert. denied, 531 P.3d 730 (Utah 2023) (facts recited in the light most favorable to bench-trial findings)
  • Prisbrey v. Prisbrey, 2026 UT App 39, 588 P.3d 329 (appellate court will not comb the record to supply findings)
  • Rayner v. Rayner, 2013 UT App 269, 316 P.3d 455 (dissipation determinations require specific, detailed findings; remand)
  • Rothwell v. Rothwell, 2023 UT App 50, 531 P.3d 225, cert. denied, 537 P.3d 1011 (Utah 2023) (considerable discretion in valuation, distribution, and alimony; abuse-of-discretion formulation)
  • Silva v. Silva, 2018 UT App 210, 437 P.3d 593 (sources of fee authority; inherent equitable power to award reasonable fees)
  • Stonehocker v. Stonehocker, 2008 UT App 11, 176 P.3d 476 (classification of marital and separate property; findings necessary for review of valuation and alimony)
  • Taft v. Taft, 2016 UT App 135, 379 P.3d 890 (failure to determine reasonable expenses precludes review of alimony)
  • Vanderwood v. Woodward, 2019 UT App 140, 449 P.3d 983 (prevailing-party fee determination left to district court on remand)
  • Wadsworth v. Wadsworth, 2022 UT App 28, 507 P.3d 385, cert. denied, 525 P.3d 1259 (Utah 2022) (weight given to expert testimony; valuation within the range of the evidence)
  • Young H2ORE v. J&M Transmission LLC, 2024 UT App 10, 543 P.3d 1264 (guidance on issues certain to arise on remand)

Litigation and Appellate Strategy

Reversal Predictor

  • Findings that expenses are “inflated” or should be “reduced significantly” without a numeric reasonable-expense figure.
  • Dissipation totals stated without item-by-item findings on the Hillam factors and the source of each value.
  • Any deviation from a one-half dissipation credit, or from equal division of marital property, imposed as a sanction.
  • Property sanctions under rule 26.1(f) where the asset was in fact disclosed before trial.
  • Distribution of property without first classifying it as marital or separate.
  • Tax rates applied without explanation of what taxes are included.
  • Asset values with no evidentiary source in the record.
  • Fee awards supported only by conclusory reasonableness statements, or post-decree awards lacking rule 102 findings.
  • A trial court’s silence in response to a party’s express concession of error.

Mandatory Factor Checklist

  • Classification of each disputed asset as marital or separate before distribution (Stonehocker).
  • Dissipation factors (Hillam): (1) how the money was spent, including whether for legitimate marital or individual expenses; (2) the parties’ historical practices; (3) the magnitude of any depletion; (4) the timing relative to separation and divorce; and (5) any obstructive efforts that hinder valuation.
  • Jones alimony factors (Utah Code § 81-4-502, Formerly § 30-3-5): the recipient’s financial condition and needs; the recipient’s earning capacity or ability to produce income; and the payor’s ability to provide support, including a numeric finding of the payor’s reasonable monthly expenses and an explained tax rate.
  • Rule 102 fee factors: the moving party’s lack of resources, the nonmoving party’s ability to pay, the necessity of the fees, and the reasonableness of the amount.
  • Reasonableness of any fee award, including under the court’s inherent equitable power, supported by detailed findings.

Signal Cluster (High-Risk Appeal Profile)

  • A decree largely adopting one party’s proposed findings, combined with uncorrected post-trial concessions of error.
  • Punitive adjustments to the property division (enhanced dissipation percentage or property awarded as a sanction) layered on top of contempt findings.
  • Lengthy findings that describe expenses or dissipation qualitatively but omit the operative numbers.
  • A change of trial judges between the decree and post-trial proceedings, with post-decree fee awards relying on findings made under different financial circumstances.
  • When these factors appear together, the appeal is likely to yield at least a partial remand even under abuse-of-discretion review.

Strategy Insight

  • The appellant succeeded where he framed his challenges as legal limits on the court’s remedial power (the one-half dissipation rule; the absence of a disclosure violation) or as missing findings that prevented review, and failed where he asked the court to reweigh evidence of value, credibility, or need.
  • Appellants should characterize disputes over numbers as failures to show the steps by which the court reached them, rather than as disagreements with the numbers themselves. Appellees should be prepared to concede clear calculation errors and focus their defense on the findings that are anchored in the record.

Proposed Findings as Admissions

  • The court treated a single phrase in Brandon’s proposed findings, which his counsel later described as an erroneous “one-off,” as evidence of a $3 million value consistent with Emily’s expert. Drafting errors in proposed findings can carry substantive evidentiary consequences.

Temporary Orders Are Not Final Dispositions

  • A temporary order awarding each party personal effects did not prevent the court from valuing and allocating those items in the final decree, consistent with the court’s authority to view the marital estate as a whole.

Clarification of Income Sources

  • Business-paid personal expenses, particularly vacations benefiting the payor’s new household, were properly counted as income available for alimony rather than as expenses, reinforcing scrutiny of closely held business owners’ claimed expenses.

Unresolved Rule 26.1(f) and Rule 37 Interplay

  • The court flagged an open question whether rule 26.1(f) sanctions require compliance with rule 37(b)’s motion-and-order prerequisites and expressly invited the Advisory Committee on the Rules of Civil Procedure to clarify the rules. Practitioners seeking nondisclosure sanctions should consider obtaining a discovery order first to avoid this uncertainty.

Insights

Utah-Only Jurisprudence

  • The opinion relies exclusively on Utah authority: three Utah Supreme Court decisions, more than twenty Court of Appeals decisions, the Utah Code, and the Utah Rules of Civil Procedure. No out-of-state authority is cited.
  • The court leaned heavily on recent Court of Appeals decisions from 2023 through 2026 (Hillam, Ball, Krajeski, Godfrey, Prisbrey, CWS, Duffin), reflecting a mature and still-developing body of Utah law on dissipation and the adequacy of financial findings.

Doctrinal Anchors (Utah Supreme Court)

  • Goggin v. Goggin, 2013 UT 16, 299 P.3d 1079 — Established that a court may hold a spouse accountable for dissipation by crediting the other spouse with his or her share, that marital property is presumptively divided equally, that the court may view the estate as a whole, and that inherent-power fee awards require an assessment of the equities.
    • Role in Bonham: Supplied the basis for limiting the dissipation credit to one-half, for affirming the valuation of personal property previously allocated by temporary order, and for the equitable framework of the initial fee award.
  • Dahl v. Dahl, 2015 UT 79, 459 P.3d 276 — Recognized, in dicta, that it would be inequitable to permit one spouse to pay attorney fees from marital assets while denying the other spouse the same privilege.
    • Role in Bonham: Converted into an operative basis for affirming the district court’s decision to let Emily pay her fees from the marital estate.
  • Jones v. Jones, 700 P.2d 1072 (Utah 1985) — Established the core alimony factors: the recipient’s financial condition and needs, the recipient’s earning capacity, and the payor’s ability to provide support.
    • Role in Bonham: Framed the alimony analysis, under which the need and earning-capacity findings were affirmed and the ability-to-pay findings were remanded.

The Most Important Holding

  • The court held that awarding Emily 75% of the dissipated funds as a sanction was improper “no matter the rule on which the award was premised,” because the dissipation credit should ordinarily be one-half of the dissipated marital funds.
  • The holding separates the compensatory function of a dissipation credit from punitive sanctions. Neither a contempt finding, a rule 109 violation, nor a rule 26.1(f) disclosure failure justifies departing from the equal-division baseline in calculating the dissipation credit. The opinion does not identify which alternative remedies remain available for such misconduct; that question is left for future cases.

Reversal Based on Legal Error vs. Factual Error

  • Legal error: The 75% dissipation sanction was reversed as contrary to the rule that the dissipation credit is ordinarily one-half. The Rolling Brook sanction was reversed under correctness review because Brandon technically complied with rule 26.1, and the court further faulted the failure to classify Rolling Brook as marital or separate before distribution.
  • Inadequate findings: The dissipation values, Brandon’s reasonable monthly expenses, the tax rate, the YPO valuation, the amount of the initial fee award, and the post-trial fee award were all remanded because the findings did not disclose the steps by which the court reached its figures.
  • Affirmances: Determinations anchored in credible testimony, record evidence of value, and articulated reasoning (RMT valuation, piano and bike values, imputed income, extracurricular costs, business-paid vacations as income, denial of unproven arrearage credits) were affirmed.

Practitioner Takeaways

  • Trial Lawyers:
    • Proposed findings submitted in lieu of closing argument are treated as a party’s own statements; Brandon’s “willing to purchase Emily’s interest” phrasing supported a valuation double his trial testimony.
    • Request dissipation findings item by item, tied to each Hillam factor and to specific record evidence of amount.
    • Where the court finds expenses inflated, request a numeric finding of reasonable expenses and a quantified reduction for each category.
    • Document business debts with loan instruments and payment histories; testimony alone may not suffice.
    • Prove payments under temporary orders with records; credits will not be presumed.
    • Do not rely on counsel’s representations to establish expenses; present sworn testimony or exhibits.
  • Appellate Lawyers:
    • Frame challenges to financial determinations as failures of required findings; that framing produced most of the remands here despite deferential review.
    • A concession of error by the opposing party below, ignored by the trial court, can secure a stipulated remand.
    • Challenges to valuations within the range of the evidence, or to imputation decisions supported by caregiving findings, face a heavy burden and are rarely successful.
    • Where both parties achieve partial success, expect appellate fee requests to be deferred to the district court’s prevailing-party determination on remand.
  • Business Owners and Self-Employed Individuals:
    • Personal expenses paid by the business, including vacations, may be treated as income available for support rather than as deductible expenses.
    • Paying personal litigation fees through the business with marital funds may entitle the other spouse to equivalent access to the marital estate for fees.
    • Statements of value made in pleadings and proposed findings may be relied on by the court as an owner’s valuation.
  • Judges and Parties Preparing Proposed Findings:
    • A court that adopts one party’s proposed findings should independently verify calculations and address any post-trial concessions of error on the record.

Majority Opinion

2026 UT App 141

THE UTAH COURT OF APPEALS

EMILY CURTIS BONHAM, Appellee, v. BRANDON REYNOLDS BONHAM, Appellant.

Opinion No. 20240597-CA Filed September 11, 2026 Third District Court, Salt Lake Department

The Honorable Richard D. McKelvie The Honorable Coral Sanchez No. 194905447

Troy L. Booher and Taylor P. Webb, Attorneys for Appellant Julie J. Nelson, Michael J. Teter, and Bryant J. McConkie, Attorneys for Appellee

JUDGE GREGORY K. ORME authored this Opinion, in which JUDGES MICHELE M. CHRISTIANSEN FORSTER and JOHN D. LUTHY concurred. ORME, Judge:

¶1 Brandon Reynolds Bonham appeals from the district court’s decree of divorce dissolving his marriage to Emily Curtis Bonham. Brandon1 argues that the decree contained multiple errors—some introduced by Emily in her proposed findings of fact—in valuations and divisions of property and awards of 1. For convenience, we refer to the parties by their first names, with no disrespect intended. Bonham v. Bonham 20240597-CA 2 2026 UT App 141 attorney fees. We affirm in part, reverse in part, and remand the matter for further proceedings consistent with this opinion.

BACKGROUND2 Petition for Divorce

¶2 Emily and Brandon married in July 1998 and separated in July 2019 after Brandon admitted to an extramarital affair that resulted in the birth of a child. Emily petitioned for divorce, citing irreconcilable differences and the affair. The parties had four children together, three of whom were minors at the time of Emily’s petition. They shared a large marital estate, including a home and a business, RMT Equipment (RMT).

¶3 Brandon moved for the entry of temporary orders on custody and financial issues. In a declaration in support of his motion, he stated that his father, Brent Bonham, was “purchasing a property in February 2020” that Brandon planned “on renting from him, with a plan to purchase the property from him after the divorce has been finalized.” Brent3 did purchase a house (the Haven Oaks house) around that time for Brandon to live in, and less than a year later—long before the divorce was finalized— Brandon bought it from Brent. 2. On appeal from a bench trial, “we view the evidence in a light most favorable to the trial court’s findings, and therefore recite the facts consistent with that standard,” presenting “conflicting evidence to the extent necessary to clarify the issues raised on appeal.” Mintz v. Mintz, 2023 UT App 17, n.3, 525 P.3d 534 (quotation simplified), cert. denied, 531 P.3d 730 (Utah 2023). 3. We also refer to Brent by his first name, again with no disrespect intended. Bonham v. Bonham 20240597-CA 3 2026 UT App 141

¶4 The court entered a stipulated temporary order awarding Emily possession of the marital home and ordering Brandon to continue to operate RMT, while listing Emily as a general employee and paying her a salary of $2,000 per month. The court also ordered Brandon to pay Emily $4,000 per month as “family support,” which was “intended . . . to cover child support and spousal support.” The court also ordered him to pay Emily’s expenses for “fuel and maintenance on her automobile . . . in the same manner and to a similar degree as she has used it in the past.” Additionally, the court directed Brandon to pay Emily’s and the children’s health insurance costs. Each party was also “awarded their personal effects and personal items.” And the temporary order required the parties to “share equally the costs of the extracurricular activities the children are already participating in.”

¶5 Prior to trial, the parties stipulated that Brandon would pay $25,000 toward Emily’s attorney fees. Emily’s parents covered the fees she incurred beyond this amount as well as what the court later found amounted to $55,000 of her living expenses while the divorce was pending. Pretrial Disclosures

¶6 Before trial, the parties submitted financial disclosures. In his first disclosure, filed in December 2019, Brandon did not list the Haven Oaks house as he had not yet purchased it from Brent. But on May 13, 2022, he submitted a second financial disclosure, in which he did list the Haven Oaks house as his real property. He stated that he had purchased the house in November 2020. This second financial disclosure also listed two substantial debts: $700,000 RMT owed to Zions Bank in Brent’s name and $500,000 Brandon still owed to Brent for the purchase of RMT. In his third and final financial disclosure, Brandon listed a new house (the Rolling Brook house) as his real property, which he purchased in Bonham v. Bonham 20240597-CA 4 2026 UT App 141 August 2022 using the equity from the sale of the Haven Oaks house.

¶7 As relevant here, Emily filed her second financial disclosure on the same day as Brandon’s second disclosure. As part of her income, she listed the $4,000 in “family support” and the $2,000 salary paid by RMT. But she claimed that, after taxes, she actually received “two deposits of $898 per month” from RMT. Emily also listed the Haven Oaks house as her real property, though she indicated that Brandon’s name was on the title. Her estimated value of the Haven Oaks house was “[b]ased on 2021 CMA and mortgage statement.” Trial

¶8 At a four-day bench trial held in August and September 2022, the parties presented extensive evidence regarding the marital estate. We summarize that evidence below, insofar as it is relevant to our analysis. Findings of Fact and Divorce Decree

¶9 At the close of the trial, the district court ordered each of the parties to submit proposed findings of fact and conclusions of law in lieu of closing arguments. Of note, in his proposed findings, Brandon pointed out, with our emphasis, that he “testified he would be willing to purchase Emily’s interest in RMT for $1,500,000,” though he stated just a few lines later that he should be awarded the business at a “fair market value of $1,500,000.

¶10 The court largely adopted Emily’s proposed findings. The court ordered Brandon to pay Emily $1,926 per month in child support—an amount calculated to provide for the parties’ one child who remained a minor. The court also awarded Emily alimony. Regarding Emily’s need for alimony, although the court Bonham v. Bonham 20240597-CA 5 2026 UT App 141 found that she “could potentially earn gross income between $1,950 and $3,089 per month,” the court also found that because she “was and still is a full-time homemaker and caretaker for the parties’ minor child, who requires special attention due to lingering medical issues,” and because she was also “pursuing educational opportunities,” she was “not voluntarily unemployed.” The court thus concluded that she should not be imputed any income. And the court found that her monthly need was $9,107.

¶11 In addressing Brandon’s ability to pay alimony, the court found that he “had the ability to earn $23,133.80 per month.” The court assumed a 20% tax rate on this income, reasoning that “Emily’s suggested rate of 10%” was “low,” while “Brandon’s estimate of 25%” did “not account for the fact that some of the income included in the calculation . . . (i.e., the personal expenses paid by the company)” was taxed under the business. And the court stated that Brandon’s claimed monthly expenses of “$14,137.69 (not counting expenses paid by his business) . . . appear to be inflated.” The court noted that Brandon’s claimed expenses “appear to include significant expenses for” his girlfriend and her four children, two of whom are also Brandon’s.

¶12 The court next listed several reductions that should be made to the claimed expenses. For instance, the court found that Brandon’s claimed childcare expense of $1,275 for the four other children “should be eliminated entirely.” But the court did not deduct the various reductions it listed or provide a specific number for what Brandon’s reasonable monthly expenses should be. The court found that “Brandon’s expenses are inflated by at least $4,000 per month” because he included as an expense the family support payments he made pursuant to the court’s temporary order. The court also determined that “Brandon inflated the expenses . . . for his mortgage, HOA fee, electricity, natural gas, water, sewer, garbage, paid television, and internet.” But the court did not say by how much. The court next held that Bonham v. Bonham 20240597-CA 6 2026 UT App 141 “Brandon should not be permitted to claim marital money to spend on the children he had with [his girlfriend] as an expense where such reduces his ability to pay alimony.” For example, the court noted that Brandon’s claimed “$950 per month on food and household supplies” was inflated “[t]o the extent that [he] has claimed expenses associated with taking” his girlfriend and her children “out to dinner.” But the court did not say by how much. The court further stated that any expenses associated with clothing for the girlfriend’s children “should be eliminated entirely.” And the court stated that Brandon’s expenses for pet care and repairing the Haven Oaks house should be “reduced significantly.” But again, the court did not state by how much.

¶13 Despite not providing a specific figure for Brandon’s reasonable monthly expenses, the court did determine that subtracting the $1,926 in child support from Emily’s monthly needs left her with $7,181 in monthly expenses. The court ordered Brandon to pay this amount in alimony to Emily for 21 years, corresponding to the length of the parties’ marriage.

¶14 Next, the court addressed arrearages on the child support and alimony awards. The court found that pursuant to its temporary order, Brandon had paid Emily $228,000 in child support and alimony during the pendency of the divorce. This was based on the $4,000 per month in “family support” and the $2,000 monthly payment to her as a listed general employee of RMT. The court found that Emily received only about $1,500 per month from RMT after taxes. Overall, the court found that, accounting for the new amounts for child support and alimony, and accounting for the amount that Emily actually received, Brandon owed her $127,959 for past unpaid child support and alimony.

¶15 The court then awarded Emily the marital home and ordered that its equity be divided equally between Brandon and Emily. Addressing the Haven Oaks house, the court found that Bonham v. Bonham 20240597-CA 7 2026 UT App 141 Brandon had “used marital money to upgrade and repair the home” and had purchased it from his father in November 2020 but did not disclose the purchase to Emily until April 2022. Brandon later sold the Haven Oaks house and purchased the Rolling Brook house using the Haven Oaks equity. Although Brandon claimed that Brent gifted him money to help with the purchase of the Rolling Brook house, the court concluded that the equity in the house should nevertheless be divided equally between the parties “as a sanction for Brandon’s failure to appropriately disclose his interest in the Haven Oaks home until more than 17 months after he had purchased it.”

¶16 The court awarded RMT to Brandon. The court determined that “the best evidence of the value of the business, which is supported in great part by [Emily’s expert’s] testimony, is Brandon’s evaluation as the owner.” Pointing to Brandon’s willingness to purchase Emily’s interest in RMT for $1.5 million, the court found that “Brandon’s own testimony and proposed findings suggest a value of” $3 million. The court reduced that valuation by the $500,000 debt Brandon owed Brent from the purchase of the business, making the total valuation $2.5 million. But the court declined to deduct from the valuation the alleged $700,000 debt RMT owed Zions Bank because “no documentation was provided verifying this debt and no payments were demonstrated.” Alternatively, the court gave Brandon the option of selling RMT and equally dividing the proceeds with Emily.

¶17 The court addressed other marital assets, including a piano, which the court valued at $15,000, and Brandon’s mountain bikes, which the court valued at $10,000. And in a spreadsheet attached to its findings, the court accounted for other marital assets, including 3 1/3 water shares, the total value of which the court found to be $10,000. The spreadsheet also listed Brandon’s membership in a professional organization, YPO, as having a $2,000 value. Bonham v. Bonham 20240597-CA 8 2026 UT App 141

¶18 The court noted that the “parties were subject to the injunction set forth in Rule 109 of the Utah Rules of Civil Procedure,” which prevented them from disposing of any marital property without the consent of the other party. And the court noted that its temporary order indicated that “the parties may not dissipate or liquidate any marital assets.” But the court found that “Brandon intentionally violated the Rule 109 injunction and the Court’s temporary orders on multiple occasions.” The court found that “Brandon spent thousands of dollars on expensive toys, lavish gifts, vacations and other purchases during the litigation” and disclosed them only “after Emily independently discovered the purchases.” And the court found that he “has not provided a full accounting of marital funds used to purchase the items.”

¶19 The court found that Brandon dissipated “at least $367,599 from the marital estate and that he likely dissipated much more.” The court listed as dissipation a host of Brandon’s expenditures during the pendency of the divorce, including, as relevant here, an Airstream trailer, a BMW for one of the parties’ daughters, jewelry for each of the parties’ daughters, improvements to the Haven Oaks house, and paying off Emily’s Yukon.4

¶20 Thus, the court held Brandon “in contempt of court pursuant to Utah Code § 78B-6-3 et seq.” The court determined that sanctions were also appropriate under rule 26.1(f) of the Utah Rules of Civil Procedure because Brandon failed to disclose these dissipated assets. Accordingly, the court ruled that rather than paying Emily one-half of the amount . . . , Brandon should pay Emily 75% of the determined value . . . as a sanction for intentionally violating the Rule 109 injunction on multiple 4. Emily concedes that this last expense should not have been included as dissipation. See infra note 8. Bonham v. Bonham 20240597-CA 9 2026 UT App 141 occasions, for intentionally violating the Court’s temporary orders on multiple occasions, and for failing to disclose information sufficient to accurately assess the marital estate or identify purchases that he made with marital funds.

¶21 Finally, the court determined that Emily was entitled to an award of attorney fees. The court found that except for the $25,000 Brandon stipulated to pay prior to trial, Emily’s parents had covered her legal fees for her. But the court found that Brandon had paid his attorney fees out of the marital estate and that Emily should have that same opportunity. In calculating the amount of her attorney fees award, the court again noted that Emily should not be imputed any income because she was caring for the parties’ remaining minor child, “who requires special attention due to lingering medical issues,” and because she was pursuing further education. Thus, the court found that “Emily lacked the financial resources necessary to pay her basic living expenses during the litigation” and she lacked the “resources necessary to pay the additional expense directly associated with litigation.”

¶22 In contrast, the court pointed out that Brandon had paid his attorney fees through RMT, “with marital funds using marital resources,” and thus, “Emily has in fact paid for one-half of Brandon’s costs and fees.” The court reasoned, “Emily should be permitted to pay her expert witness costs and attorney fees with marital funds using marital resources.” The court also found that “Brandon in fact has the ability to pay Emily’s fees and costs” as he would “have significant excess income each month even after he pays his child support and alimony obligations.” Therefore, the court concluded that “Emily should be allowed to pay her fees from the marital estate,” minus the $25,000 she had already received for fees.

¶23 The court then issued a decree of divorce memorializing its findings and conclusions. Bonham v. Bonham 20240597-CA 10 2026 UT App 141 Motions to Amend

¶24 Emily filed a motion urging the court to amend its findings of fact. As relevant here, she argued that the award for the child support arrearage accounted for only one child, though for at least part of the pendency of the divorce, more than one of the parties’ children were minors. As a result, she argued that the child support arrearage award and the total equalization payment would need to be increased.

¶25 Brandon filed his own motion asking the court to alter or amend its findings and the decree in several respects. First, he addressed the sanctions the court imposed. He argued that he had properly disclosed his purchase of the Haven Oaks house and so the sanction awarding Emily equity in the Rolling Brook house was improper. And he argued that he had disclosed much of what the court characterized as his dissipation—including the purchase of the Airstream trailer, a dirt bike, paying off Emily’s Yukon, and providing for his girlfriend and other children—making inappropriate the sanction of awarding 75% of the total dissipation to Emily. Brandon also argued that the court had set the wrong date from which retroactive alimony was to run. And he argued the court had not properly addressed his ability to pay alimony

. ¶26 Brandon further complained about the total arrearage the court had awarded to Emily. He argued that the line item for extracurricular activities for the parties’ remaining minor child should be reduced and that the court failed to account for the amounts he had paid for those extracurriculars, Emily’s health insurance, and her auto maintenance and fuel. And Brandon argued that the court had incorrectly found that Emily received only $1,500 of the $2,000 ordered to be paid from RMT because she had testified at trial that she received approximately $1,800 per month. Finally, he argued that “it would be error and double counting to require” him to repay what Emily’s parents paid for Bonham v. Bonham 20240597-CA 11 2026 UT App 141 her living expenses when the court had “specifically calculated the arrears to reflect what Brandon legally owed Emily.”

¶27 Brandon also argued that the court “correctly accepted [his] valuation of RMT but utilized the incorrect number when it did so.” He urged that he had “repeatedly testified at trial that RMT had a value of $1.5 million” and “never once indicated the value was $3 million.” He argued that the court’s findings introduced the $3 million valuation and that it should amend that finding to align with his consistent trial testimony.

¶28 Brandon also argued that he did not owe Emily any money for attorney fees because Emily’s fees had been paid by her parents, who testified at trial that they intended it to be a gift to her. And he argued that the court had incorrectly calculated the amount he dissipated.

¶29 Brandon’s motion to amend also addressed the court’s $10,000 valuation of the water shares awarded to Emily, asserting that the shares were worth $10,000 each rather than in total. He asked the court to amend its findings to reflect this. He also argued that the court improperly “singled out” the piano, the mountain bikes, and his YPO membership in assigning them separate values. He argued that these items had already been awarded to him and should not be valued, but that even if they were, the court’s valuations were not supported by the evidence. And he asserted that the YPO membership should have been allocated to him as an expense rather than an asset.

¶30 In responding to Brandon’s motion to amend, Emily conceded that several of his claimed errors had merit. She agreed that the court should not have required Brandon to both pay the arrearage and reimburse Emily’s parents for the $55,000 they paid for her living expenses during the pendency of the divorce. She agreed that her after-tax income from RMT had been miscalculated and that Brandon should receive credit for paying Bonham v. Bonham 20240597-CA 12 2026 UT App 141 for her auto fuel during this period. And she recognized that, based on Brandon’s testimony, the water shares should be valued at $10,000 each rather than $10,000 total, and she did “not object to the court making this edit.”

¶31 But the court did not address any of these conceded errors in its order on the parties’ motions to amend. The court agreed with Emily on several fronts. As relevant here, the court agreed that the child support arrearage should be increased to address the periods of time during the divorce when more than one of the parties’ children were minors. The court found that only one of Brandon’s claimed errors merited consideration: the retroactive start date for alimony. The court thus issued a supplemental divorce decree that clarified the date from which alimony should retroactively run. The court also corrected the amount of the support arrearage, finding that because Emily should have received a “child support and spousal support amount of $366,815,” and because she had received only $209,000 during the pendency of the divorce, Brandon owed her $157,815 rather than the initial award of $127,959. The court adjusted the total equalization payment accordingly. Post-Trial Attorney Fees5

¶32 As noted, the court awarded Emily attorney fees in the decree, reasoning that it was equitable to do so where Brandon had paid his legal fees from the marital estate. The court also later 5. At this point in the proceedings, Judge Richard D. McKelvie, who entered the original and amended divorce decrees retired and was replaced by Judge Coral Sanchez, who entered the post-trial attorney fees award. Bonham v. Bonham 20240597-CA 13 2026 UT App 141 awarded her attorney fees for litigating Brandon’s post-trial motion to amend. 6

¶33 The court stated that the post-trial award of fees was proper under rule 102 of the Utah Rules of Civil Procedure, which allows the court to grant attorney fees “to enable the moving party to prosecute or defend the action” where it finds, among other things, that “the moving party lacks the financial resources to pay the costs and fees,” “the nonmoving party has the financial resources to pay the costs and fees,” “the costs and fees are necessary for the proper prosecution or defense of the action,” and “the amount of the costs and fees is reasonable.” Utah R. Civ. P. 102(a)–(b). In addressing these factors, the court stated that “as was true during the pendency of the divorce,” Emily “currently cannot afford to pay the attorney fees” because she “continues to be a stay-at-home, full-time caretaker for the parties’ child, who requires special attention due to medical issues” and because she was “pursuing her educational opportunities and was unemployed.” The court also noted that Emily’s alimony award “was calculated to only meet her monthly needs” and that “her share of the marital estate was not done in one lump sum” but would be distributed “over a ten-year period.” In contrast, the court found that Brandon “has the entirety of his share of the marital estate at his disposal” and “continues to have the business.” And the court noted that Brandon had “not indicated that his financial condition has significantly changed” since the previous finding about his ability to pay attorney fees.

¶34 The court also found that the fees Emily incurred were necessary to allow her to defend against Brandon’s post-trial motion. And the court found that the affidavits filed by Emily’s counsel had “descriptive information associated with the entries,” that the fees were “appropriate given [her attorneys’] level of 6. Emily did not request fees incurred in connection with her own post-trial motion. Bonham v. Bonham 20240597-CA 14 2026 UT App 141 experience,” and that her counsels’ representation had resulted in “a favorable result on behalf of” Emily “given that the court fully denied” Brandon’s “motion except one point” conceded by Emily. The court stated that “in looking closely at his motion to alter or amend the judgment,” Brandon had “raised about two dozen separate issues and was unsuccessful in all but one, the length of alimony.” Thus, the court was “not persuaded that the only reason he filed his motion was to address some errors that were introduced by” Emily. The court later entered a judgment memorializing the post-trial award of fees to Emily

¶35 Brandon appeals.

ISSUES AND STANDARDS OF REVIEW

¶36 Brandon first argues that the district court erred in not correcting several conceded calculation errors in its amended findings of fact and amended divorce decree. Because the parties agree on the propriety of a remand to remedy these errors, we grant the remand to allow the court to address these errors in the first instance.

¶37 Next, Brandon argues the court improperly sanctioned him by awarding Emily equity in the Rolling Brook house and 75% of the total value of the assets the court found he dissipated. We review the award of equity as a sanction based on rule 26.1(f) of the Utah Rules of Civil Procedure for correctness. See Bailey v. Bailey, 2024 UT App 51, ¶ 21, 548 P.3d 519 (“A district court’s interpretation of the Utah Rules of Civil Procedure is reviewed for correctness. For this reason, a court’s decision regarding the adequacy of the party’s disclosures is reviewed for correctness.”) (quotation simplified). And we review the court’s dissipation determinations for an abuse of discretion, though “we cannot affirm its determination when the trial court abuses its discretion by failing to enter specific, detailed findings supporting its Bonham v. Bonham 20240597-CA 15 2026 UT App 141 financial determinations.” Rayner v. Rayner, 2013 UT App 269, ¶ 4, 316 P.3d 455 (quotation simplified).

¶38 Brandon challenges the court’s valuation of RMT and various other assets as well as the court’s awards of alimony and the support arrearage on several fronts. We afford the district court “considerable discretion” in its “valuation of the marital property, the manner in which it distributed that property, and its alimony determination.” Rothwell v. Rothwell, 2023 UT App 50, ¶ 33, 531 P.3d 225 (quotation simplified), cert. denied, 537 P.3d 1011 (Utah 2023). The court exceeds the sound exercise of its discretion “only if no reasonable person would take the view adopted by the district court, that is, if a misunderstanding or misapplication of the law resulted in substantial and prejudicial error, if the court’s factual findings are clearly erroneous, or if the award is so seriously inequitable as to manifest a clear abuse of discretion.” Id. (quotation simplified).

¶39 Lastly, Brandon challenges the court’s awards of initial and post-trial attorney fees to Emily. “In divorce cases, both the decision to award attorney fees and the amount of such fees are within the trial court’s sound discretion.” Miner v. Miner, 2021 UT App 77, ¶ 108, 496 P.3d 242 (quotation simplified).

ANALYSIS I. Conceded Calculation Errors

¶40 Brandon argues that the district court failed to correct what amounted to “over $100,000” in calculation errors, which he partially faults Emily for introducing in her proposed findings. In particular, he argues that the court (1) erred in requiring him to both pay the arrearage and reimburse Emily’s parents for $55,000 of expenses they paid on her behalf during the pendency of the divorce, (2) miscalculated the amount of after-tax pay Emily Bonham v. Bonham 20240597-CA 16 2026 UT App 141 received from RMT by $11,400, (3) failed to credit Brandon for $15,200 he paid for Emily’s auto fuel, and (4) undervalued the water shares Emily received by $23,000. Brandon faults the court for failing to correct these issues without explanation despite Emily’s post-trial concessions of error. He argues we should remand for the district court to do so now.

¶41 On appeal, Emily acknowledges that the “district court rejected [her] concessions but did not explain why.” And she “agrees the lack of factual findings” on these issues “is inadequate for appellate review and suggests this court remand.” Given the parties’ agreement, we remand to allow the district court to address these issues, making adequate findings in doing so. See Krajeski v. Krajeski, 2025 UT App 19, ¶ 30, 565 P.3d 544 (“There must be adequate factual findings to reveal how the court reached its conclusions and to establish that the court’s judgment or decree follows logically from, and is supported by, the evidence.”) (quotation simplified), cert. denied, 574 P.3d 519 (Utah 2025).

II. Sanctions

¶42 The district court sanctioned Brandon by awarding Emily half of the equity in the Rolling Brook house and 75% of the value of assets it found he dissipated. We reverse both sanctions and remand for the district court to make further findings regarding both the Rolling Brook house and Brandon’s dissipation.

A. Equity in the Rolling Brook House

¶43 Based on Brent’s and Brandon’s testimony at trial, the district court found that Brent purchased the Haven Oaks house for Brandon in January 2020 and that Brandon purchased it from Brent in November 2020 but “did not disclose the fact that he had purchased the home to Emily until April of 2022.” The court also found that Brandon later sold the Haven Oaks house and used the equity to purchase the Rolling Brook house. Although Brandon Bonham v. Bonham 20240597-CA 17 2026 UT App 141 asserted that a portion of the funds used to purchase the Rolling Brook house were a gift from Brent, the court stated that it “need not determine” the particulars of Brent’s gift or whether the Rolling Brook house “was Brandon’s separate property” because it was “appropriate to award” equity in the Rolling Brook house to Emily “as a sanction for Brandon’s failure to appropriately disclose his interest in the Haven Oaks house until more than 17 months after he had purchased it.”

¶44 The court relied on rule 26.1 of the Utah Rules of Civil Procedure, which requires each party to “serve on all other parties a fully completed Financial Declaration,” along with “[d]ocuments verifying the value of all real estate in which the party has an interest.” Utah R. Civ. P. 26.1(c), (c)(5). And rule 26.1(f), which the court directly cited, provides that “[f]ailure to fully disclose all assets and income in the Financial Declaration . . . may subject the non-disclosing party to sanctions under Rule 37 including an award of non-disclosed assets to the other party, attorney’s fees, or other sanctions deemed appropriate by the court.”

¶45 Brandon argues that rule 26.1(f) does not provide a basis for awarding Emily equity in the Rolling Brook house. He points out that “an award of non-disclosed assets to the other party . . . or other sanctions deemed appropriate by the court”—the only potential bases for this sanction—are not actually listed as sanctions available under rule 37 of the Utah Rules of Civil Procedure, as the language of rule 26.1(f) suggests. See id. R. 37(b). And he argues that even if the sanction imposed here was somehow drawn from rule 37, sanctions under that rule are available only “upon motion” based on a “violation of a specific court order”—neither of which were present here. Bailey v. Bailey, 2024 UT App 51, ¶ 27, 548 P.3d 519 (quotation simplified). See id. (“Rule 37 . . . is not self-executing: a party wishing to take advantage of its more expansive sanctions menu must first obtain a discovery order from the court.”); Utah R. Civ. P. 37(b) (“[T]he Bonham v. Bonham 20240597-CA 18 2026 UT App 141 court, upon motion, may impose appropriate sanctions for the failure to follow its orders[.]”). We take Brandon’s point.7 But we need not answer the question posed by the rules because even assuming that awarding equity in the Rolling Brook house to Emily was a sanction available to the court under rule 26.1(f), it was improperly imposed here, where Brandon technically complied with the disclosure requirements of the rule.

¶46 When Brandon filed his first financial disclosure, he was not yet the owner of the Haven Oaks house and so did not disclose it. But by the time he filed his second financial disclosure, he was the owner of the house and he disclosed as much. To the extent that the court imposed this sanction out of concern for this disclosure’s tardiness, Emily was not harmed. Brandon filed his second disclosure on May 13, 2022, several months before trial. Emily’s second financial disclosure—filed on the same day as Brandon’s—included the Haven Oaks house. She argues she “could not have known that Brandon shifted from ‘renter’ to ‘owner’ without him saying so,” but logically speaking, she had to have had prior knowledge of Brandon’s interest in the Haven 7. Much of the parties’ briefing was devoted to highlighting the procedural problem with rule 26.1(f) and rule 37 of the Utah Rules of Civil Procedure, namely, whether sanctions imposed under rule 26.1(f) must follow the procedure laid out in rule 37(b), despite rule 26.1(f)’s inclusion of sanctions not listed in the “expansive sanctions menu” under rule 37(b). Bailey v. Bailey, 2024 UT App 51, ¶ 27, 548 P.3d 519. See id. ¶ 31 n.7 (“[I]t is far from apparent to us that the language of rule 26.1(f) authorizes rule 37 sanctions in the absence of a court order[,] . . . especially given the plain language of rule 37(b) and our case law.”). Though we leave this procedural problem for another day, we urge the Utah Supreme Court’s Advisory Committee on the Rules of Civil Procedure to address and clarify the interplay between these rules. Bonham v. Bonham 20240597-CA 19 2026 UT App 141 Oaks house to include it in her own disclosure. And the record indicates that she did. In his request for a temporary order, Brandon stated his intent to purchase the Haven Oaks house, albeit after the divorce was finalized. Emily’s listing of Brandon as the owner of the Haven Oaks house and valuing it “[b]ased on 2021 CMA and mortgage statement” shows that she anticipated Brandon following through with his plan.

¶47 Because Brandon disclosed his ownership of the Haven Oaks house, there was no basis to award Emily equity in the Rolling Brook house—which Brandon purchased during the divorce using, in part, his equity in the Haven Oaks house—as a sanction. We thus reverse and remand this issue for the district court to determine in the first instance whether the Rolling Brook house is Brandon’s separate property and to adjust its property distribution accordingly. See Stonehocker v. Stonehocker, 2008 UT App 11, ¶ 15, 176 P.3d 476 (stating that in making a property distribution, the district court must first “identify the property in dispute and determine whether each item is marital or separate property”).

B. Dissipation

¶48 The district court found that Brandon dissipated at least $367,599 from the marital estate, but it ordered that rather than paying Emily one-half of the amount . . . , Brandon should pay Emily 75% of the determined value . . . as a sanction for intentionally violating the Rule 109 injunction on multiple occasions, for intentionally violating the Court’s temporary orders on multiple occasions, and for failing to disclose information sufficient to accurately assess the marital estate or identify purchases that he made with marital funds. Bonham v. Bonham 20240597-CA 20 2026 UT App 141 Brandon asserts that several of the purchases he made during the pendency of the divorce—including the Airstream trailer, the BMW, jewelry for the parties’ daughters, improvements to the Haven Oaks house, and cars for him and his girlfriend—did not amount to dissipation in the first place. And he argues that using the dissipation award to impose this sanction was inappropriate.

¶49 In assessing whether dissipation occurred, courts should consider several factors: (1) how the money was spent, including whether funds were used to pay legitimate marital expenses or individual expenses; (2) the parties’ historical practices; (3) the magnitude of any depletion; (4) the timing of the challenged actions in relation to the separation and divorce; and (5) any obstructive efforts that hinder the valuation of the assets. Hillam v. Hillam, 2024 UT App 102, ¶ 46, 554 P.3d 1137 (quotation simplified). This is “a case-specific inquiry that’s best determined by the district court in the first instance.” Id. ¶ 64. And “its use must be supported by sufficiently detailed findings of fact that explain the . . . court’s basis for such deviation” from the general rules regarding division of marital property. Rayner v. Rayner, 2013 UT App 269, ¶ 21, 316 P.3d 455 (quotation simplified).

¶50 Here, the district court’s findings do not show that the court considered the above dissipation factors, other than Brandon’s “obstructive efforts that hinder[ed] the valuation of the assets.” Hillam, 2024 UT App 102, ¶ 46 (quotation simplified). And even in doing that, the court considered the obstructive efforts only as to certain expenditures. The court’s findings also do not “disclose the steps by which the ultimate conclusion” regarding the value of the various expenditures was reached. Krajeski v. Krajeski, 2025 UT App 19, ¶ 30, 565 P.3d 544 (quotation simplified), cert. denied, 574 P.3d 519 (Utah 2025). For instance, the Bonham v. Bonham 20240597-CA 21 2026 UT App 141 court found that Brandon dissipated $60,000 in buying the Airstream trailer. Elsewhere in its findings, the court concluded that, based on Brandon’s testimony, “he made $25,000 in profits from the sale of” the trailer. The court found that Emily should “be awarded $12,000 representing her interest in the Airstream” and stated that this “amount is incorporated into the $60,000 amount” of dissipated funds. But the court did not later discuss how it reached the $60,000 figure. Similarly, the court listed the cost of installing a cement pad and garage doors for the Haven Oaks house as $11,500 and $7,000 respectively. The court stated that these figures came from “Exhibit 37,” which we take to mean Emily’s trial exhibit. But in looking at that trial exhibit, there are different figures listed for the cement pad and garage door. The court did not explain why it chose these particular figures.

¶51 To be sure, “unstated findings can be implied if it is reasonable to assume that the trial court actually considered the controverted evidence and necessarily made a finding to resolve the controversy, but simply failed to record the factual determination it made.” Cox v. Cox, 2023 UT App 62, ¶ 33, 532 P.3d 128 (quotation simplified). But “we will not imply any missing finding where there is a matrix of possible factual findings and we cannot ascertain the trial court’s actual findings.” Id. (quotation simplified). And “it is not our responsibility to comb the record” to do so. Prisbrey v. Prisbrey, 2026 UT App 39, ¶ 23, 588 P.3d 329.

¶52 This lack of detail requires a remand for the court to reconsider its dissipation determination, making adequate findings in doing so. See Rayner, 2013 UT App 269, ¶ 23. But because the issue will arise again on remand, we address the propriety of the sanction the court chose: awarding Emily 75% of the total dissipation amount. See Young H2ORE v. J&M Transmission LLC, 2024 UT App 10, ¶ 48, 543 P.3d 1264 (offering “guidance” on “issues . . . certain to arise again on remand”). Bonham v. Bonham 20240597-CA 22 2026 UT App 141

¶53 “Where one party has dissipated an asset, hidden its value or otherwise acted obstructively, the trial court may, in the exercise of its equitable powers . . . hold one party accountable to the other for the dissipation of marital assets.” Goggin v. Goggin, 2013 UT 16, ¶ 49, 299 P.3d 1079 (quotation simplified). “[W]hen the court conducts its equitable distribution of the marital property, the other spouse should receive a credit for his or her share of the assets that were dissipated.” Id. Because “marital property is ordinarily divided equally between the divorcing spouses,” “the amount of that credit . . . should ordinarily be half of the dissipated marital funds.” Ball v. Ball, 2025 UT App 200, ¶ 16, 584 P.3d 330 (quotation simplified). See Goggin, 2013 UT 16, ¶ 47 (“Generally, each party is presumed to be entitled to all of his or her separate property and fifty percent of the marital property.”) (emphasis added; quotation otherwise simplified). Thus, we conclude that awarding Emily 75% of the dissipation total as a sanction was improper—no matter the rule on which the award was premised.

¶54 On remand, after determining what dissipation occurred, the court should award Emily half of the total. 8 III. Property Valuations A. RMT

¶55 Brandon argues that the court “purported to accept” his $1.5 million valuation of RMT but mistakenly “used the wrong number”—$2.5 million—in its findings and decree. And he 8. Brandon conceded at trial that he dissipated $61,000. And on appeal, he appears not to challenge an additional $49,556 that the court found he dissipated. Emily also conceded post-trial and on appeal that the $40,000 Brandon paid on her Yukon should not have been included as dissipation. In reassessing its dissipation award, the court should account for these figures. Bonham v. Bonham 20240597-CA 23 2026 UT App 141 argues that this valuation should have accounted for the $700,000 debt RMT owed to Zions Bank through Brent. We disagree on both fronts.

¶56 The district court did not wholesale “accept[] Brandon’s valuation and reject[] Emily’s,” as Brandon argues. Because the court found that Brandon’s expert’s testimony about the value of the business was “unhelpful” and “unreliable,” it gave the testimony “little weight,” as was its prerogative. See Wadsworth v. Wadsworth, 2022 UT App 28, ¶ 59, 507 P.3d 385, cert. denied, 525 P.3d 1259 (Utah 2022). On the other hand, the court found that Emily’s expert’s testimony was “helpful” and “credible,” though the court noted that “it can’t be said that any of the predictions are 100% accurate, and indeed are not held out to be.” Accordingly, the court found that “the best evidence of the value of the business, which is supported in great part by [Emily’s expert’s] testimony, is Brandon’s evaluation as the owner.”

¶57 But Brandon’s valuation was inconsistent. He testified at trial that RMT was worth $1.5 million. And in his proposed findings he stated that he “should be awarded RMT . . . for a fair market value of $1,500,000,” though he stated a few lines later in those same proposed findings, with our emphasis, that “he would be willing to purchase Emily’s interest in RMT for $1,500,000,” suggesting a value of $3 million if Emily’s share equates to $1.5 million. At oral argument before this court, Brandon’s counsel referred to this latter statement as an erroneous “one-off.” Yet the district court found that “Brandon’s own testimony and proposed findings suggest a value of” $3 million. And this comported with Emily’s expert’s valuation of $3,444,000. Accounting for the $500,000 debt the court found that RMT owed Brent, the $2.5 million valuation was “within the range of values established by all the testimony.” Id. ¶ 64 (quotation simplified). See Knowlton v. Knowlton, 2023 UT App 16, ¶ 60, 525 P.3d 898 (“Merely failing to accept one party’s proposed valuations does not constitute an Bonham v. Bonham 20240597-CA 24 2026 UT App 141 abuse of discretion.”) (quotation simplified), cert. denied, 531 P.3d 730 (Utah 2023).

¶58 And it was reasonable for the court to exclude the claimed $700,000 debt from this valuation. The court found that the “unrebutted testimony and evidence at [t]rial” showed that Brandon owed Brent $500,000 for the purchase of RMT. The court pointed out that Brent “testified unequivocally that the $500,000 debt is a legitimate debt which he expects to be repaid” and was the remainder of what Brandon owed him. But the same could not be said for the $700,000 debt. The court found that “no documentation was provided verifying this debt and no payments were demonstrated.” Brandon argues that a Zions Bank representative’s trial testimony obviated the need for such documentation. But “[b]ecause determinations regarding the weight to be given to the testimony of witnesses . . . are within the province of the finder of fact, we will not second guess a court’s decisions about evidentiary weight and credibility if there is a reasonable basis in the record to support them.” Barrani v. Barrani, 2014 UT App 204, ¶ 6, 334 P.3d 994. And here the lack of any kind of documentation of a large debt owed to a bank was certainly a reasonable basis on which not to credit the representative’s testimony that such a debt existed.

¶59 Thus, the court did not exceed its discretion in valuing RMT.9

B. Brandon’s Personal Property

¶60 Brandon also argues the district court abused its discretion in “randomly assigning value” to several pieces of his personal 9. We note that had Brandon been of the view that the court was overvaluing RMT, he could have taken the court up on its alternative suggestion to sell the business and divide “all proceeds equally with Emily.” But he did not. Bonham v. Bonham 20240597-CA 25 2026 UT App 141 property—including the piano, mountain bikes, and his YPO membership—and allocating them to his share of the marital estate. He argues that the court’s temporary orders, which awarded the parties “their personal effects and personal items,” had already disposed of this property and thus there “was no basis to single out these items previously divided, nor was there evidentiary support for the assigned values.”

¶61 But the court did not improperly “single out” these assets to be valued. See Goggin v. Goggin, 2013 UT 16, ¶ 48, 299 P.3d 1079 (“The court is permitted to look at the marital property in its entirety and to apportion it in a manner that best facilitates a clean break between the parties and achieves a result that equitably divides the marital property as a whole.”) (quotation simplified). And temporary orders are just that—temporary. See Miner v. Miner, 2021 UT App 77, ¶ 101, 496 P.3d 242 (“An arrangement memorialized in a temporary order can of course be changed, in a final decree of divorce, after a court hears all of the evidence during a full trial.”).

¶62 There was also evidence to support at least the court’s valuations of the piano and the mountain bikes. Brandon testified at trial that the parties bought the piano from his parents for $10,000, while Emily testified that she thought it was worth “40 grand” and that Brandon’s parents had helped them pay for it. The court’s valuation of $15,000 was thus reasonable—more closely approximating Brandon’s estimate than Emily’s. As to the mountain bikes, in her proposed findings, Emily asserted that Brandon had two mountain bikes worth $5,000 each. The $10,000 value the court assigned to the bikes was thus reasonable, especially given Brandon’s silence on the matter. See Wadsworth v. Wadsworth, 2022 UT App 28, ¶ 64, 507 P.3d 385 (“Generally, we will uphold a district court’s valuation of marital assets as long as the value is within the range of values established by all the testimony[.]”) (quotation simplified), cert. denied, 525 P.3d 1259 (Utah 2022). Bonham v. Bonham 20240597-CA 26 2026 UT App 141

¶63 But we can discern no evidence in the record regarding the $2,000 value the court assigned to Brandon’s YPO membership. And “without findings from which we can ascertain how the . . . court categorized and valued the property, we cannot assess the merits of the challenges to its distribution.” Stonehocker v. Stonehocker, 2008 UT App 11, ¶ 24, 176 P.3d 476. So, while we affirm the court’s valuation of the piano and the mountain bikes, we remand to the district court to make specific findings regarding the value of the YPO membership.

10 IV. Alimony and Support Arrearage

¶64 Brandon argues that the district court abused its discretion in its calculations of both alimony and the support arrearage owed to Emily. For the following reasons, we remand for the court to address both.

A. Alimony

¶65 “The appropriate amount of any alimony award is governed by a multi-factor inquiry, first articulated in Jones v. Jones, 700 P.2d 1072 (Utah 1985).” Miner v. Miner, 2021 UT App 77, ¶ 16, 496 P.3d 242. “The so-called Jones factors . . . require a court to examine (i) the financial condition and needs of the recipient spouse; (ii) the recipient’s earning capacity or ability to produce income; and (iii) the ability of the payor spouse to provide support.” Id. (quotation simplified). “In all cases, the trial court must support its alimony determinations with adequate findings on all material issues.” Id. ¶ 17 (quotation simplified). Brandon 10. Brandon argues that the YPO membership should have been included as one of his expenses, rather than an asset. But because we cannot review how the court categorized the membership without adequate findings, the court may address this argument on remand. Bonham v. Bonham 20240597-CA 27 2026 UT App 141 argues the court’s findings did not adequately address two of the Jones factors—Emily’s need and his ability to pay.

1. Emily’s Need a. Imputed Income

¶66 Brandon argues that the court should have imputed income to Emily when determining her need for alimony. “Trial courts have broad discretion to select an appropriate method of assessing a spouse’s income, including determinations of income imputation.” Godfrey v. Godfrey, 2024 UT App 156, ¶ 51, 560 P.3d 151 (quotation simplified). Because “we will find that the trial court abused its discretion only if no reasonable person would take the view” the court did, Brandon “bears a heavy burden” here. Id. (quotation simplified). And he has not met it. Despite the court’s findings that “Emily could potentially earn gross income between $1,950 and $3,089 per month,” it nonetheless concluded that because she “was and still is a full-time homemaker and caretaker for the parties’ minor child, who requires special medical attention due to lingering medical issues,” and because she was also “pursuing educational opportunities,” she was “not voluntarily unemployed” and should “not be imputed any income.” We perceive no abuse of discretion on this point.

b. Extracurricular Costs

¶67 In the divorce decree, the court ordered the parties to “equally share costs associated with the minor children’s extracurricular activities.” The court found this cost to be $490 per month. Brandon argues that this expense should be reduced based on the representation by his attorney at trial that the cost of the parties’ remaining minor child’s soccer was $2,400 per year, which he works out to total just $100 per month for each parent. But as far as we can tell, this representation by counsel was not substantiated by evidence on the record. Nor was there any Bonham v. Bonham 20240597-CA 28 2026 UT App 141 indication that this was the only extracurricular expense for this child. And Emily testified that the extracurricular expenses were “[d]efinitely a bit higher when . . . more children [were] involved,” although she conceded that with one minor child, “it won’t be as much.” All things considered, we see no abuse of discretion in including this extracurricular cost among Emily’s needs.

2. Brandon’s Ability to Pay a. Reasonable Monthly Expenses

¶68 Brandon argues that in calculating his ability to pay alimony, the court failed to make an express finding of what his reasonable monthly expenses were. We agree.

¶69 Brandon claimed that his monthly expenses totaled $14,137.69. The court found that this was “inflated” and should be “reduced.” Other than determining that the $1,275 he spent on childcare for the children he shared with his girlfriend “should be eliminated entirely,” the court did not specify any other reductions. For instance, while the court found that Brandon “inflated” the cost of “his mortgage, HOA fee, electricity, natural gas, water, sewer, garbage, paid television and internet” and his “claimed expenses associated with taking” his girlfriend and other children “out to dinner,” it did not say by how much. The court also stated that Brandon’s expenses for pet care and repairing the Haven Oaks house should be “reduced significantly.” But again, the court did not explain by how much. And the court did not provide a net number for what Brandon’s reasonable monthly expenses should be after these reductions.

¶70 In Taft v. Taft, 2016 UT App 135, 379 P.3d 890, the district court found that a wife’s “claimed monthly expenses . . . were unreasonably inflated,” but it “did not determine the expenses that it considered reasonable.” Id. ¶ 28 (quotation simplified). We concluded that “[t]he lack of detailed findings in this respect Bonham v. Bonham 20240597-CA 29 2026 UT App 141 makes it impossible for us to determine on review whether the . . . alimony award was proper.” Id. So too here. “Although the trial court entered lengthy findings after patiently enduring” the trial, its failure to make both a numeric global finding about Brandon’s reasonable monthly expenses and more detailed findings about exactly what the reductions to those expenses should be leaves us “hampered in our review.” See Stonehocker v. Stonehocker, 2008 UT App 11, ¶ 18, 176 P.3d 476. On remand, the district court will need to make such findings.11 b. Expenses Paid by RMT

¶71 In Brandon’s view, the district court should have included the $4,733.77 he testified that RMT paid on his behalf each month toward his personal expenses. We disagree. In the decree, the court stated that “[t]he most difficult part[] in calculating Brandon’s income is personal expenses RMT pays on his behalf.” In trying to determine this, the court found that $2,816.77 of what RMT paid monthly was used “so that Brandon could go on vacations” and that “[t]o the extent that the funds were spent to take [his girlfriend] and their children on vacation, such should be considered income available to Brandon to pay alimony.” Thus, it was appropriate for the court to credit this as income and not as an expense.12 11. In opposing Brandon’s motion to amend the findings, Emily conceded that the court’s findings and decree did “not include a number for Brandon’s ability to pay” and she stated that she did “not oppose the court adding one, after considering, first, the court’s findings, and second, Brandon’s arguments.” 12. In her briefing, Emily notes that Brandon claimed that his expenses paid by RMT included the $2,816.77 for vacations, the $2,000 he paid to Emily as a “general employee” during the (continued…) Bonham v. Bonham 20240597-CA 30 2026 UT App 141 c. Tax Rate

¶72 The court assumed “a 20% tax rate” in calculating Brandon’s income and ability to pay alimony, reasoning that Emily’s “suggested rate of 10%” was “low,” while “Brandon’s estimate of 25%” did “not account for the fact that some of the income included in the calculation . . . (i.e., the personal expenses paid by the company)” was taxed under the business. Brandon points out that the 20% rate does not indicate whether it also encompasses state and federal taxes as well as FICA and Medicare deductions. We agree, and on remand the district court should clarify why it chose the tax rate it applied to Brandon’s income.

B. Support Arrearage

¶73 Under the court’s temporary orders, in effect during the pendency of the divorce proceedings, Brandon was required to pay Emily $4,000 per month “as family support” and $2,000 per month as salary from RMT. He was also required to pay for “fuel and maintenance” on Emily’s car and for her and their children’s health insurance. And the parties were ordered to “share equally the costs of the extracurricular activities the children are already participating in.”

¶74 Based on Emily’s financial disclosure and trial testimony, the court found that Emily received only $1,500 per month from RMT after taxes and, thus, that she received a total of $209,000 from RMT and in “family support” during the pendency of the divorce. But the court determined that based on its child support and alimony findings, she should have received a total of $336,959 during that time. Subtracting the $209,000 from that sum, the court determined that Brandon owed Emily $127,959 in unpaid pendency of the divorce, and car expenses for his girlfriend that exceeded the marital standard by $245 per month. She asserts that removing these amounts left $1,672 of reasonable expenses. Bonham v. Bonham 20240597-CA 31 2026 UT App 141 support. But in its supplemental decree, the court recognized that the parties had more than one minor child during the pendency of the divorce and the child support therefore should have been higher. The court thus increased the amount owed to $157,815.

¶75 Brandon argues on appeal that the total arrearage should be reduced to account for payments he made for Emily’s health insurance, for her auto fuel and maintenance, and for his half of their children’s extracurriculars during the pendency of the divorce. And he argues that the court should not have increased child support retroactively.

¶76 As noted, Emily conceded error in the court’s calculation of her income from RMT and Brandon’s payment of her auto fuel costs during the pendency of the divorce. See supra ¶ 30. And she agrees with Brandon that the arrearage should exclude the amount he paid for her health insurance. So on remand, the court must alter the total arrearage owed after making the necessary corrections on these points.

¶77 But we are not persuaded that the trial court exceeded its discretion in not reducing the amount of the arrearage based on auto maintenance, extracurricular costs, or the additional child support. Brandon argues he should be credited for having paid $250 per month for Emily’s auto maintenance during the pendency of the divorce. But there was no evidence that he did pay that amount. To the contrary, Emily testified at trial that despite the temporary order requiring Brandon to pay “for regular maintenance” of her car, when she had to replace the shocks on the car, she borrowed $6,000 from her parents. There was likewise no evidence that Brandon was paying his share of the extracurricular costs during the course of the divorce proceeding. Indeed, Emily testified that in an email, Brandon told her that he would provide a cell phone, car insurance, and health insurance for the children but had stated, “Other financial support from me needs to be part of a relationship they each have Bonham v. Bonham 20240597-CA 32 2026 UT App 141 individually with me.” She also testified that Brandon had entirely refused to pay extracurricular costs for one of the children while she was still a minor. And we disagree with Brandon’s bare assertion that “an increase in the child support amount would have decreased the alimony amount for the relevant period” and thus reduced the overall arrearage owed. The court did not treat child support and alimony interdependently or proportionally such that increasing one would decrease the other.

V. Attorney Fees

¶78 Brandon challenges the district court’s initial and post-trial awards of attorney fees to Emily. While we affirm the court’s decision to order the initial fee award, we remand for the district court to reassess the amount. And we reverse the post-trial fee award and remand for the court to make further findings regarding Emily’s request for those fees.

A. Initial Fee Award

¶79 The district court initially awarded Emily attorney fees based on its conclusion that “where Brandon has paid his expert witness costs and attorney fees with marital funds using marital resources, Emily has in fact paid for one-half of Brandon’s costs and fees” and she “should be permitted to pay her expert witness costs and attorney fees with marital funds using marital resources.” The court further determined, “The attorney fees Emily incurred were reasonable in light of the relatively complex nature of the issues and the amount of time necessary to litigate them.” Brandon argues that the court erred in making this award without first “making the requisite determinations under [Utah Code] section 81-1-203 or rule 102.” See Utah Code Ann. § 81-1-203 (LexisNexis 2025); Utah R. Civ. P. 102. And he argues that Emily provided only “wholly redacted” billing statements, leaving the court unable to adequately determine the reasonableness of her requested fees. Bonham v. Bonham 20240597-CA 33 2026 UT App 141

¶80 “In Utah, attorney fees are awardable only if authorized by statute or by contract.” Silva v. Silva, 2018 UT App 210, ¶ 26, 437 P.3d 593 (quotation simplified). But “in the absence of a statutory or contractual authorization, a court has inherent equitable power to award reasonable attorney fees when it deems it appropriate in the interest of justice and equity.” Id. (quotation simplified). See Goggin v. Goggin, 2013 UT 16, ¶ 34, 299 P.3d 1079 (“A court making an equitable award of attorney fees must ascertain whether the equities of a given case justify the use of its inherent and discretionary power to award fees.”) (quotation simplified).

¶81 In Dahl v. Dahl, 2015 UT 79, 459 P.3d 276, a divorcing wife argued that her husband “was allowed to pay his attorney fees from marital assets, while she was denied the same privilege.” Id. ¶ 207. Though it concluded that the wife had not preserved the argument, our Supreme Court “agree[d] that such a result would be inequitable.” Id. Based on this statement in Dahl, we see no abuse of discretion in the district court’s determination that here it would be inequitable to allow Brandon to pay his attorney fees out of the marital estate while not allowing Emily to do the same. Cf. Knowlton v. Knowlton, 2023 UT App 16, ¶ 87, 525 P.3d 898 (affirming the district court’s dissipation finding based on the “obvious imbalance” resulting from a husband’s “virtually unfettered access to the marital funds during the pendency of the divorce proceedings and his use of those funds to pay his legal expenses without providing” his former wife “a similar benefit”) (quotation simplified), cert. denied, 531 P.3d 730 (Utah 2023).

¶82 But the amount of those fees must be reasonable. See Silva, 2018 UT App 210, ¶ 26 (recognizing that “a court has inherent equitable power to award reasonable attorney fees”) (emphasis added; quotation otherwise simplified). And the district court’s statement that “[t]he attorney fees Emily incurred were reasonable in light of the relatively complex nature of the issues and the amount of time necessary to litigate them” glosses over Bonham v. Bonham 20240597-CA 34 2026 UT App 141 this. So while we affirm the court’s decision to award attorney fees on an equitable basis, we vacate the amount of the award and remand for the court to reassess it in light of the detailed findings it must make to support its award. See CWS, LLC v. Montgomery, 2025 UT App 183, ¶ 49, 583 P.3d 373 (“Utah appellate courts have consistently encouraged trial courts to make findings to explain the factors which they considered relevant in arriving at an attorney fee award.”) (quotation simplified).

B. Post-Trial Fee Award

¶83 The district court also awarded Emily attorney fees for litigating Brandon’s post-trial motion to amend the divorce decree. Brandon argues that this fee award was based on “the same flawed reasoning” that the court relied on in making its initial award and that reasoning no longer applied in the post-trial context. We have just concluded that the reasoning there was not flawed. And while that reasoning—premised on equitably dividing the marital estate—does not apply here, in the post-trial and post-decree context in which the marital estate has already been divided, the district court did not rely solely on equitable considerations in making the post-trial fee award.

¶84 In its order, the court stated that “[a]fter analyzing the factors outlined in rule 102, the award of attorney fees” was “proper.” Rule 102 of the Utah Rules of Civil Procedure provides that “either party may move the court for an order requiring the other party to provide costs, attorney fees, and witness fees . . . to enable the moving party to prosecute or defend the action.” Utah R. Civ. P. 102(a). “Such an award must be based on evidence of the receiving spouse’s financial need, the payor spouse’s ability to pay, and the reasonableness of the requested fees.” Krajeski v. Krajeski, 2025 UT App 19, ¶ 53, 565 P.3d 544 (quotation simplified), cert. denied, 574 P.3d 519 (Utah 2025). See Utah R. Civ. P. 102(b). “When a court decides to award fees, it must make detailed findings of fact supporting its determination.” Miner v. Miner, Bonham v. Bonham 20240597-CA 35 2026 UT App 141 2025 UT App 64, ¶ 30, 571 P.3d 788 (quotation simplified), cert. denied, 574 P.3d 526 (Utah 2025).

¶85 The court noted that “as was true during the pendency of the divorce,” Emily could not “afford to pay the attorney fees” as she was still a stay-at-home mother, caring for the parties’ minor child, “who requires special attention due to medical issues,” and pursing her education. The court also stated that the alimony award was calculated only to meet Emily’s monthly needs and that she would receive her share of the marital estate over the next 10 years rather than in a lump sum. In contrast, the court found that Brandon “continue[d] to have the financial resources that he had at the time of trial to pay” Emily’s fees because he had “the entirety of his share of the marital estate at his disposal” and “continue[d] to have the business.” The court also stated that Brandon had “not indicated that his financial condition has significantly changed since” the court previously “found he has the ability to pay.”

¶86 The court further found that the fees Emily incurred were necessary to defend against Brandon’s motion to amend and that they were reasonable. The court stated that it was “not persuaded that the only reason that [Brandon] filed his motion was to address some errors that were introduced by” Emily because “in looking closely at his motion to alter or amend the judgment,” Brandon “raised about two dozen separate issues and was unsuccessful in all but one, the length of alimony.”

¶87 While the court clearly articulated the reasonableness of making a post-trial fee award, it did not make adequate findings regarding Emily’s need for the fees, Brandon’s ability to pay them, or the reasonableness of the fees Emily incurred. And given the adjustments that will need to be made to the parties’ income and expenses on remand, the court will also need to make more detailed findings of fact on these points. See Leppert v. Leppert, 2009 Bonham v. Bonham 20240597-CA 36 2026 UT App 141 UT App 10, ¶ 26, 200 P.3d 223.13 We accordingly reverse the post-trial fee award and remand for the district court to revisit the issue after making the necessary findings of fact.

CONCLUSION

¶88 Based on the foregoing, we remand to the district court to address several parts of its findings and decree. First, based on the parties’ agreement, the court should address errors in its calculation of Emily’s living expenses, salary from RMT, and her auto fuel costs during the pendency of the divorce, as well as the value of the water shares she was awarded.

¶89 Next, we reverse the award of equity in the Rolling Brook house to Emily, as Brandon technically complied with his duty to disclose his ownership of the Haven Oaks house. On remand, the district court should categorize the Rolling Brook house as either marital property or Brandon’s separate property and adjust its property distribution accordingly. We also reverse the court’s award of 75% of Brandon’s total dissipation and remand for the court to make adequate findings regarding what dissipation occurred in the first place, awarding Emily half of that total. 13. Emily also requests an award of attorney fees incurred on appeal. “Ordinarily, when fees in a divorce have been awarded below to the party who then prevails on appeal, fees will also be awarded to that party on appeal.” Duffin v. Duffin, 2025 UT App 136, ¶ 40 n.7, 578 P.3d 751 (quotation simplified). But here, with both parties having had a measure of success on appeal, the prevailing party determination is best left to the district court on remand. See Vanderwood v. Woodward, 2019 UT App 140, ¶ 49, 449 P.3d 983 (“At the conclusion of the proceedings on remand, the district court should reassess the ‘prevailing party’ issue and award attorney fees as appropriate at that time.”). Bonham v. Bonham 20240597-CA 37 2026 UT App 141

¶90 While we conclude that the court did not exceed its discretion in its valuation of RMT and most of Brandon’s personal property, on remand the court is instructed to make specific findings regarding the value it assigned to his YPO membership.

¶91 While we affirm the court’s determinations regarding Emily’s need for alimony and her ability to produce income, we reverse and remand for the court to address Brandon’s ability to pay—in particular, his reasonable monthly expenses and tax rate—in greater detail. And on remand, the court will need to recalculate the support arrearage, incorporating its new findings regarding Emily’s income from RMT and the auto fuel and health insurance costs Brandon has already paid.

¶92 Finally, while we affirm the court’s decision to make an initial award of attorney fees to Emily, we remand for the district court to determine the reasonable amount for such an award once adequate findings have been made. And we reverse the post-trial attorney fees award and remand to allow the court to make adequate findings on Emily’s need, Brandon’s ability to pay, and the reasonableness of the fees Emily incurred, especially in light of the adjustments necessitated by this opinion.

Reversed

The reviewing court determined that the lower court committed reversible error and overturned the judgment.

Affirmed

The reviewing court determined that the lower court committed no reversible error and upheld the judgment.

Remanded

The reviewing court returned the case to the lower court for further proceedings consistent with its opinion.