Need vs. Standard of Living

Need vs. Standard of Living

Because of the tight financial circumstances present in a divorce, some courts have become accustomed to using alimony to satisfy a recipient’s basic needs rather than attempting to help them reach the actual marital standard of living. Recently, the Court of Appeals...
Separate Property and Comingling

Separate Property and Comingling

Utah law recognizes a dichotomy in married persons’ property: nonmarital property versus marital property. In the State of Utah, married persons “have always had” the right to separately own and enjoy property apart from their spouse. Mortensen v. Mortensen, 760 P.2d...
Optional Parent-Time Schedule

Optional Parent-Time Schedule

A typical question in family law scenarios is “Can the kids just stay the night?”  Addressing overnight visits in the Spring 2015 Utah Legislative session, the Utah Legislature passed an optional parent-time schedule for children 5 to 18 years of age, known as Utah...