In Utah divorce cases fault is not taken into account when determining whether a couple can divorce . But, under a new Utah law, fault may play an critical role in setting alimony awards. An Ogden Divorce Attorney explains that in Utah marriages, if one of the partners makes significantly more when the marriage ends in divorce, this partner may be required to pay spousal support, otherwise known as alimony, so that the other partner can maintain a standard of living more similar to that enjoyed during the marriage.
Courts in Utah may consider many factors in deciding whether to award spousal support, such as the recipient’s earning capacity and current financial situation, the individual paying alimony’s ability to provide spousal support, the length of the marriage, and whether the recipient helped increase the individual paying alimony’s earning capacity during the marriage by supporting him or her through higher education.
Interestingly, while Utah is a no-fault divorce state (meaning that neither party has to show wrongdoing to dissolve the marriage), Utah courts can consider fault when setting alimony. However, courts had long struggled with how to properly define fault in making a spousal support award.
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