Scott v. Scott, Cohabitation, and Alimony Cohabitation has to be happening at the time a motion to terminate alimony is filed; not in the past. In a recent alimony case, Scott v. Scott, the Supreme Court of Utah decided whether a former wife’s alimony payments were to be terminated, under Utah Code Ann § 30-3-5(10), because of his ex-wife’s cohabitation…
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Recent Decision on Alimony Law in Utah
Want to Modify Alimony? Get Your Ducks in a Row Fish v. Fish is a recent case decided by the Utah Court of Appeals involving the attempted modification of an alimony award. In that case, Diane and Jeffery got married in 1980, and Diane filed for divorce in 2007. Jeffery was ordered to pay alimony of $800 per month, which he appealed…
The Party Seeking Alimony has the Burden of Proof at Trial
The Alimony Statute The Utah Alimony Statute, Utah Code § 30-3-5(8), articulates seven factors that a court must consider in making an alimony determination: (i) the financial condition and needs of the recipient spouse; (ii) the recipient’s earning capacity or ability to produce income; (iii) the ability of the payor spouse to provide support; (iv) the length of the marriage;…
Does Adultery Affect the Amount of an Alimony Award?
The Mark cases you can’t consider adultery in determining an alimony award. The simple answer to this question is, no one knows anymore. It used to be a pretty straight forward “yes” for year until the Utah Court of Appeals decided the decision Mark v. Mark, 2009 UT App 374 a few years ago. In that case the Court of…
How does a Spouse’s Disability Affect Support Payments?
Disability Can Lead to Divorce A spouse’s physical or mental disability can seriously affect a marriage. Many marriages end in divorce because of the strain and stress put on a marriage by the disability. In such situations the disabled spouse naturally wonders how he will make ends meet. On the other hand, the spouse who is not disabled is wondering…
How are Side Jobs and Overtime Considered for Purposes of Alimony?
Back in 1998 the Utah Court of Appeals decided a case, Griffith v. Griffith, 959 P.2d 1015 (1998), which sheds a lot of light on how a spouse’s side jobs, annual bonuses, and the use of a company car. The wife in that case appealed after the trial court refused to consider those three things in husband’s income for purposes of…
Alimony: How Utah Courts Determine A Self Employed Spouse’s Income?
Closely Held Corporation, LLC’s, and Sole Proprietorships A lot of people have made a lot of money creating and running their own businesses. Likewise a lot of people have lost a lot of money trying to do the same thing. In most small businesses where there is only one owner (usually as a closely held corporation, a sole member LLC,…
Modifying Support Payments in a Utah Divorce Decree
Cox v. Cox In Cox v. Cox, 285 P.3d 791 (Utah App. 2012), the issue of modifying child support and alimony payments was raised. In that case the husband and wife entered into a settlement agreement that husband would pay wife $3,000/month for ten years as a “property settlement” which was intended to included child support as part of that…