Fault Analysis in Alimony Determinations

by | Jul 1, 2023 | Alimony

For years, the Utah Code has permitted courts to consider “fault” in awarding alimony.  This law has had little practical effect, however, because Utah courts have consistently emphasized that alimony is designed to support and not to award or punish.  In one recent case, the Utah Court of Appeals also upheld the trial court’s declining to consider “fault” until the term was defined by the legislature.  Mark v. Mark, 223 P.3d 476, 482 (Utah Ct. App. 2009).  And the Mark court noted that fault is already considered in “virtually every issue that arises in domestic cases,” making its additional consideration for alimony superfluous.  Id.  Two years later, the court in Boyer v. Boyer, 259 P.3d 1063, 1067 (Utah Ct. App. 2011) upheld the trial court’s exercise of discretion under the statute not to consider fault, even with facts demonstrating the husband had an affair that likely resulted in his wife contracting an STD and having a hysterectomy.

This year, however, the Utah legislature amended Utah Code Ann. § 30-3-5 to define “fault.”  “Fault” is now defined as “any of the following wrongful conduct during the marriage that substantially contributed to the breakup of the marriage”:

  1. extra-marital sexual relations;
  2. knowingly and intentionally causing or attempting to cause physical harm to the other party or minor children;
  3. knowingly and intentionally causing the other party or minor children to reasonably fear life-threatening harm; or
  4. substantially undermining the financial stability of the other party or minor children.

Despite this amendment, the legislature did nothing to require that courts consider fault when making alimony determinations.  Thus, it remains unclear whether this amendment defining “fault” will prompt courts to begin expressly considering fault in alimony rulings, but it seems unlikely to have this effect unless there are damages for which only alimony can compensate.

Call Millar Legal

If you or someone you know needs help with a case, please call 801-424-5280 to schedule a consultation, or use our online scheduling tool.