This blog entry is not a statement of law, but offers an example of how the court may view things generally.  There are many many reasons why, in any particular case, a court may do things much differently than portrayed here.  However, this will give readers a general idea of how courts in Utah approach asset and debt distribution.

Now, draw a big circle on a piece of paper.   This is the MARITAL PIE.

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Unfortunately, after separation and divorce it is practically impossible for both spouses to maintain the same lifestyle and standard of living they once had. Taking one household and dividing it into two households almost always means that both parties will experience a decline in lifestyle for a period of time. The purpose of awarding alimony is to prevent the receiving spouse from becoming a public charge and to maintain, if possible, a standard of living close to what both parties enjoyed during the marriage. Cox v. Cox, 877 P.2d 1262 (Utah App. 1994). It seems that Utah courts make an effort to leave both parties in loosely equal circumstances, but it is highly controversial whether or not this is true over the long term.

There are numerous factors that the court considers in looking at whether to award alimony. Unlike determinations of child support, there is no formula for alimony in Utah.

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What is the difference between “spousal support,” “alimony,” and “spousal maintenance?”
Those phrases are used interchangeably in Utah but, for the most part, the legal term in Utah is “alimony.”

Who can get Alimony?
Alimony can be awarded to men and women, on a permanent basis or temporarily. Although courts are more willing to award alimony to persons who had long-term marriages, alimony may be awarded in shorter-term marriages where one spouse earns substantially more than the other or if a spouse was a stay-at-home parent and has no source of income at the time the divorce occurs.

How long can I expect to get a monthly alimony award?
Utah law restricts alimony to be no longer than the length of the marriage, unless otherwise agreed. So if parties are married for sixteen (16) years then the longest that the court is likely to award alimony would be sixteen (16) years. However, the court may have many reasons to end alimony sooner. If parties agree to a longer duration, then the Court will enforce the longer award. A longer award may be appropriate when assets, debts, or child related costs were adjusted in relation to alimony awards. If the receiving party gets remarried or cohabitates (lives with) a boyfriend or girlfriend, the alimony ceases. Death of either party also terminates alimony obligations. Retirement may be a cause for termination or a cause for modification (see below); however, the better practice would be to address the affect of retirement of either party in the Decree of Divorce so that both parties are clear as to how retirement will affect alimony.
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