Former Citation: Utah Code § 30-3-5 81-4-502. Determination of alimony
(1) Factors the Court Must Consider
The court shall consider at least the following factors when determining alimony in a divorce proceeding or modification action:
(a) Standard of living during the marriage, including: (i) Income. (ii) Approximate value of real and personal property. (iii) Any other factor the court determines appropriate to establish the marital standard of living. (b) Financial condition and needs of the payee, including the ability to demonstrate financial need by itemizing marital expenses rather than post-petition expenses. (c) Payee’s earning capacity or ability to produce income, including diminished workplace experience resulting from primarily caring for the payor’s minor child. (d) Payor’s ability to provide support. (e) Tax consequences of alimony for each party. (f) Length of the marriage. (g) Whether the payee has custody of a minor child requiring support. (h) Whether the payee worked in a business owned or operated by the payor. (i) Whether the payee directly contributed to increasing the payor’s earning capacity by financing the payor’s education or enabling the payor to attend school during the marriage.
(2) Fault
(a) The court may consider the parties’ fault when determining whether to award alimony and the terms of the award. (b) When fault is at issue, the court may close the proceedings and seal the court records.
(3) Standard of Living
(a) Generally, the court shall determine alimony based on the standard of living existing at the time of separation. (b) In its discretion, the court may instead base alimony on the standard of living existing at the time of trial.
(4) Equalization of Standards of Living
(a) The court may attempt to equalize the parties’ respective standards of living. (b) Rebuttable Presumption (i) The marriage lasted 10 years or more. (ii) The payee significantly diminished workplace experience under an agreement to care for the payor’s minor child. If both conditions are met, there is a rebuttable presumption that the court should equalize the parties’ standards of living. The presumption may be rebutted upon a showing of good cause, and the court must enter specific findings supporting its decision. (c) This subsection does not apply to modification of alimony awards where the divorce petition was filed before May 1, 2024.
(5) Short-Term Marriages
If the marriage was of short duration and no minor child was conceived or born during the marriage: (a) The court may consider the standard of living existing at the time of the marriage. (b) The court may consider restoring each party to the position occupied before the marriage.
(6) Major Income Changes
(a) When a long-term marriage dissolves immediately before a significant increase in one party’s income resulting from the joint efforts of both spouses, the court shall consider that change when dividing property and determining alimony. (b) If a party’s earning capacity was substantially enhanced through the efforts of both spouses, the court may make a compensating adjustment in both property division and alimony.
(7) Duration of Alimony
(a) Except as otherwise provided, alimony may not exceed the length of the marriage. (b) Temporary alimony paid during the divorce counts toward the total alimony period. (c) The court may extend alimony beyond the length of the marriage upon finding extenuating circumstances or good cause before alimony terminates.
(8) Remarriage to the Same Spouse
If the parties divorced and later remarried one another, the court shall aggregate the two marriages when determining the length of the marriage if: (a) (i) The current divorce is from the subsequent marriage. (ii) The divorce petition was filed on or after January 1, 2026. (b) The aggregate length includes: (i) (A) The period from the first marriage until the filing of the first divorce petition. (B) The period from the remarriage until the filing of the current divorce petition. (ii) The aggregate does not include the time between the filing of the first divorce petition and the remarriage. (c) A court may decline to aggregate the marriages if doing so would be inequitable. (d) This subsection does not: (i) Reopen or modify the prior divorce. (ii) Alter the prior division of property, debts, or obligations.
