As of May 1, 2024, there are some significant changes to Utah’s alimony law.
The goal of alimony is to (1) get both parties as close as possible to the same standard of living that existed during the marriage; (2) equalize the standards of living of each party; and (3) to prevent the recipient spouse from becoming a public charge. Rule v. Rule, 2017 UT App 137, ¶ 14. To that end, the court have looked to the parties’ standard of living which existed at the time of separation by assessing through the party’s claimed line-item expenses the historical allocation of their resources.
Now, under Utah Code § 30-3-5(10)(a)(i) in order to determine the standard of living which existed during the marriage, courts shall consider enumerated factors which include the parties’ income, the approximate value of real and personal property, and any other factor that the court determines to be appropriate.
Utah Code § 30-3-5(10)(a)(ii) also codified the current case law of Rule v. Rule, 2017 UT App 137, ¶¶ 13-19, and now directs the courts to allow the recipient spouse to demonstrate their need for alimony by itemizing their expenses present during the marriage rather than itemizing post-petition expenses.
Additionally, for divorces initiated after May 1, 2024 the court now has greater leeway to equalize the parties’ standards of living. Even more, Utah Code § 30-3-5(10)(e)(i)(B) codifies a rebuttable presumption for the court to equalize the parties’ standards of living in a marriage lasting longer than 10 years, and where the parties agreed that the recipient spouse would reduce their workplace experience to care for the parties’ child.
Perhaps the largest change to alimony law is the addition of Utah Code § 30-3-5.5, which gives a new standard for imputing the income of a recipient spouse for alimony purposes if the recipient spouse has diminished workplace experience because they have been a stay-at-home caregiver during the marriage, or due to a diagnosed disability. In such a situation, the court can consider reasonable efforts made by the recipient spouse to improve their employment situation, and any reasonable barriers to obtaining employment. Further, the court is not required to consider the recipient spouse as underemployed if the recipient spouse, while employed, shows reasonable barriers to improving their employment. Ultimately, if the court considers any reasonable barriers for the recipient spouse, the court may then impute any income as it relates to employment for which the spouse is fully competitive and has not shown any reasonable barriers to obtain.
Clearly, there are many intricate factors to consider when negotiating an award of alimony. We can help you or someone you know navigate these intricacies to achieve the best possible alimony outcome.
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