Alimony

Alimony is a court-ordered payment from one spouse to the other to help maintain financial stability after a divorce. It is intended to ensure that a spouse who relied on the other’s income during the marriage can meet reasonable living expenses while transitioning to financial independence.

In Utah, during a marriage, one spouse may stay at home to care for the children, while the other spouse is employed outside the home. A long-term marriage is generally considered 10 years or longer, while marriages of five years or less are usually short-term, and alimony is often not awarded.

In cases where the husband has been the primary financial provider and the wife has been a stay-at-home mother for 20 years, relying on his income, the question becomes: how will she cover her living expenses during the divorce process? How will she pay her bills? In such cases, the wife may file a Motion for Temporary Orders, asking the court to award temporary alimony to the wife until the matter is resolved or proceeds to trial.

Some people assume that the wife automatically receives alimony in a divorce matter; however, in reality, alimony is based on which spouse stayed at home during the marriage and their financial needs. For example, Carolyn represented a client who was the husband and primary caregiver for twins—a boy and a girl, both age 14 at the time of the divorce—and the Court Commissioner awarded him temporary alimony, payable by wife during the pendency of the divorce litigation.

Where Is a Divorce Filed?

Divorce cases in Utah are filed in one of the eight State District Courts:

• First Judicial District Court – Brigham City (Box Elder, Cache, Rich Counties)

• Second Judicial District Court – Ogden (Davis, Morgan, Weber Counties)

• Third Judicial District Court – Salt Lake City (Salt Lake County)

• Fourth Judicial District Court – Provo (Juab, Utah, Wasatch Counties)

• Fifth Judicial District Court – St. George (Beaver, Garfield, Iron, Kane, Washington, Wayne Counties)

• Sixth Judicial District Court – Manti (Carbon, Emery, Sanpete, Sevier Counties)

• Seventh Judicial District Court – Price (Carbon, Emery, Grand, San Juan Counties)

• Eighth Judicial District Court – Fillmore (Millard, Juab, Beaver Counties)

Child Support

Child support in Utah is based on the monthly incomes of both parents and the number of overnights each parent is awarded with the children. The Office of Recovery Services (ORS) provides a worksheet that calculates child support.

The worksheet accounts for both joint physical custody (generally defined as a minimum of 111 overnights per year for each parent) and sole physical custody. In cases of sole physical custody, the parent without primary custody may have limited parent-time, such as every other weekend, which affects the child support amount.

Even with joint physical custody, one parent may still pay child support depending on the relative incomes of the parents.

ORS can become involved in divorce cases to ensure child support is properly calculated and paid. Child support is for the benefit of the child and cannot be waived by the parents. Even if parents agree to waive child support in a Stipulation, the court will not allow it because the child’s right to financial support cannot be bypassed.

Custody and Parent-Time

Utah recognizes both sole and joint physical custody:

• Sole physical custody: One parent has primary custody of the child, and the other parent has limited parent-time, such as every other weekend.

• Joint physical custody: Both parents share significant time with the child, generally at least 111 overnights each per year. Schedules may vary, including, but not limited to, a 50/50 split, 60/40 split, alternating weeks, or a 5-2-2 split (e.g., Monday–Tuesday with one parent, Wednesday–Thursday with the other, and alternating weekends).

Joint legal custody means that both parents share decision-making responsibilities regarding the child’s education, health care, and other important matters. If parents cannot agree, the court may require mediation. If mediation fails, the court decides the issue. The financial cost of mediation often encourages parents to reach a compromise before involving the court.

Calculating Child Support

Child support is calculated based on the ORS worksheet, which considers:

• Gross monthly income of both parents

• Number of overnights each parent has

• Additional factors, such as health insurance costs, child care expenses, and extraordinary needs

If one parent has sole physical custody, child support may be significantly higher for the non-custodial parent compared to joint custody. Even with equal parenting time, the parent with the higher income may still be required to pay support to maintain the child’s standard of living.

Sometimes parents disagree about how child support is spent. Legally, child support is intended to cover the child’s needs and is paid directly to the custodial parent. Courts generally assume that the parent receiving support applies it for the child’s benefit.

Issues can arise if a parent misuses funds for personal expenses while the child’s needs are not fully met. These situations are difficult to prove, and there is not always a direct court mechanism to account for how child support is spent.

Parents may also attempt to modify custody to affect child support. For example, increasing parent-time can reduce the paying parent’s obligation, while reduced parent-time can increase it. Ultimately, child support in Utah is designed to reflect the child’s financial interests, the parents’ incomes, and the time each parent spends with the child.

Property Division

During a marriage, the parties generally acquire many marital assets including, but not limited to: couches, bed sets, living room furniture, a piano, computers, televisions, vehicles, cars, trucks, barbeques, pets, the children’s clothes, trampolines, lawn mowers, garden tools, office desks, patio furniture, boats, and other assets.

Carolyn listed these to demonstrate the exhaustive measure it takes to actually list all of the assets to the court and then attempt to equitably divide them.

In California, they are an equal division state where marital property is divided equally, but in Utah, the court can divide marital property based upon equality. For example, suppose the wife has been the primary financial earner during the marriage and will continue to earn $150,000 a year post-divorce. Even if she pays alimony to the husband, he does not have the same college education because he stayed home to care for the children. The court can offset this by awarding the husband more marital assets.

Generally, Utah courts attempt to divide marital assets equally. Some courts require parties to bring asset lists to trial and rotate selections until assets are fully divided. Assets owned prior to the marriage and wedding rings are usually not subject to division.

Prenuptial Agreement

A prenuptial agreement (or “prenup”) is a contract entered into before marriage that outlines how property, assets, and debts will be divided in the event of divorce. Prenups protect property and assets owned prior to the marriage.

Prenuptial agreements can also address pre-marital businesses. For example, if one spouse owns a business before marriage, a properly drafted prenup can specify that ownership, profits, or equity remain separate property during and after the marriage.

For another example, if the husband owned a home before marriage and the prenup states he retains ownership upon divorce, the home remains his separate property even if the wife lived there during the marriage.

In short, a prenup clarifies financial rights and avoids disputes over pre-marital assets.

Marital Home

The marital home is often the most difficult asset to divide. Most homes are purchased during the marriage and are marital property. One party is often ordered to leave the home during temporary orders.

If the home has substantial equity, one party may refinance and buy out the other, or the home may be sold and proceeds divided. Sometimes the court orders the home to remain with one parent until the children are grown, after which it is sold and proceeds divided.

Bank Accounts & Retirement Accounts

Most marriages involve both joint and personal bank accounts. Personal accounts are typically retained by each spouse. Joint accounts are usually divided and closed after divorce, though courts often require them to remain open during litigation for transparency.

Retirement Accounts

Retirement accounts acquired during the marriage are marital property, even if held in one spouse’s name. Courts typically order an equitable division using a Qualified Domestic Relations Order (QDRO). QDROs are complex and should be drafted by an experienced attorney.

When to Hire a Divorce Attorney

Clients often hire a divorce attorney once they decide to pursue divorce. Carolyn can file a Petition for Divorce if jurisdiction requirements are met.

If a client has already been served, Carolyn can file an Answer. While individuals may represent themselves pro se, divorce procedures are complex, and imbalance can occur if only one party has legal counsel.

In the Middle of a Divorce

Clients may hire an attorney at any stage. Carolyn files a Notice of Appearance to ensure all pleadings are properly served and reviews existing pleadings to ensure compliance and protect client interests.

Hiring Counsel at Any Stage

Whether filing, answering, or entering mid-case, clients can retain counsel at any time. Carolyn reviews and amends pleadings as needed and ensures full compliance with court rules while protecting her client’s rights.

Some clients believe they need an “aggressive” attorney. In reality, clients need a determined advocate who prioritizes their best interests, with strong oral advocacy, persuasive motion writing skills, and professional courtroom presence.