How is Alimony Determined in Utah?

For a proceeding of dissolution, or in a proceeding to modify alimony, a court may consider at least the following factors in determining alimony: 

 

  • The standard of living existing during the marriage (Ex: income, the approximate value of real and personal property, etc.);

 

  • The financial condition and needs to the payee;

 

  • The payee’s earning capacity or ability to produce income;

 

  • The ability of the payor to provide support; 

 

  • The length of the marriage;

 

  • Whether the payee has custody of a minor child requiring support; 

 

  • Whether the payee directly contributed to any increase in the payor’s skill by paying for education received by the payor or enabling the payor to attend school during the marriage;

 

  • The court may also consider the fault of the parties in determine whether to award alimony and the terms of the alimony. 

 

See Utah Code 81-4-502 for more.

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