In the event of a divorce, if either spouse does not have a separate estate, or if a spouse's assets are not sufficient to offer a means of support, a judge might order alimony, which is also known as spousal support. Alimony is usually a monthly financial allowance paid by one spouse to another. Utah courts will generally not award alimony for a period of time that exceeds the length of the marriage. 

To be eligible for alimony, spouses in all states, including Utah, must have been legally married. Alimony is usually based on a settlement agreement made between the spouses or the discretion of a judge. In Utah, courts typically try to equalize the income and assets of the spouses so that each will enjoy the standard of living they had during the marriage. Marital fault may be considered when awarding alimony in Utah. For more information about divorce and alimony in Utah, go to the Utah State Courts website.

In most states, remarriage of the recipient spouse will terminate alimony. In Utah, alimony automatically terminates upon the remarriage or death of the recipient spouse. It also terminates if the payer spouse establishes that the recipient spouse is cohabitating with another person.

The type and amount of alimony awarded depends on a variety of factors.  Utah law recommends that courts consider the following factors when awarding alimony:

• Financial condition and needs of the recipient spouse
• Recipient's earning capacity and ability to produce income
• Ability of the paying spouse to provide support
• Length of the marriage
• Whether the recipient spouse has custody of minor children requiring support
• Whether the recipient spouse worked in a business owned or operated by the payer spouse
• Whether the recipient spouse directly contributed to any increase in the payer spouse's skill by paying for education received by the payer spouse or allowing the payer spouse to attend school during the marriage
• Any marital fault of the spouses
• Standard of living at time of separation
• Whether one spouse's earning capacity has been greatly enhanced by the efforts of the other spouse
• Other relevant factors

In the United States, alimony is treated differently tax wise from child support payments. In Utah, alimony is deductible for the person who pays it and taxable income for the person who receives it under the rules of the Internal Revenue Service, while child support is not. This can make alimony a tax advantage for the person who pays it and has prompted the federal government to create “hurdle tests” to differentiate between alimony, child support, and property settlement. 

In the past, most alimony awards were made to homemakers who needed the support from their former husbands. However, since current marriages often consist of two wage earners, and more men are assuming child-rearing duties, alimony awards have changed. It is no longer unusual for an ex-wife to be compelled to make alimony payments to her ex-husband. For a complete examination of divorce and alimony law in Utah, go to lawyers.com.