Alimony

How Utah courts decide alimony

Alimony is not automatic and not punitive. Utah courts start from the standard of living during the marriage and work through statutory factors to decide whether support is paid, how much, and for how long.

The statutory factors — Utah Code § 81-4-502

The court must consider at least: (a) the standard of living during the marriage; (b) the recipient's financial condition and needs; (c) the recipient's earning capacity, including diminished workplace experience from caring for a child; (d) the payor's ability to pay; (e) tax consequences; (f) the length of the marriage; (g) custody of a minor child requiring support; (h) whether the recipient worked in a business owned by the payor; and (i) whether the recipient put the payor through school during the marriage. The court may also consider fault (§ 81-4-502(2)).

How long can alimony last?

As a rule, no longer than the length of the marriage, unless the court finds extenuating circumstances (Utah Code § 81-4-502(7)). Modification after the decree is governed by § 81-4-504, and termination — including on remarriage or cohabitation — by § 81-4-505.

Common questions

Is alimony taxable? For federal returns on decrees after 2018, alimony is neither deductible to the payor nor income to the recipient. The court weighs tax consequences under § 81-4-502(1)(e).

Can alimony change later? Yes, on a substantial change of circumstances (§ 81-4-504).