Utah has no alimony formula. A judge weighs what the recipient needs against what the payor can afford, under Utah Code § 81-4-502 — and the award generally cannot run longer than the marriage did.
Utah Alimony Factors (Utah Code § 81-4-502)
Utah Code § 81-4-502(1) says a court shall consider at least these nine factors. It is a floor, not a closed list — a judge may weigh anything else they find relevant.
(a)
Standard of living during the marriage
Including income, the approximate value of real and personal property, and anything else the court finds useful in establishing what that standard was.
(b)
Financial condition and needs of the payee
The payee may show need by itemising expenses that existed during the marriage, rather than expenses since the petition was filed.
(c)
The payee's earning capacity
What they can earn now and could earn with training — including the effect of time out of the workplace spent caring for a minor child of the payor.
(d)
Ability of the payor to provide support
The payor must be able to afford alimony after meeting their own reasonable needs.
(e)
Tax consequences of alimony on each party
Since 2019 alimony is not deductible by the payor or taxable to the payee federally, which changes what a given figure is worth to each of you.
(f)
Length of the marriage
Longer marriages generally mean longer awards. Alimony also cannot run longer than the marriage did, except for extenuating circumstances (§ 81-4-502(7)).
(g)
Whether the payee has custody of a minor child requiring support
A parent with primary custody may have limited earning capacity. Courts weigh this alongside child support.
(h)
Whether the payee worked in a business owned or operated by the payor
Unpaid or underpaid work inside a spouse's business counts.
(i)
Whether the payee paid for the payor's education or enabled them to attend school
Working to put a spouse through school, and the increase in their earning power that followed.
Fault is not one of the nine. Under § 81-4-502(2) a court may consider the fault of either party in deciding whether to award alimony and on what terms, and may close and seal the proceedings when fault is at issue — a separate discretionary power rather than a factor it is required to weigh.
What types of alimony can a Utah court order?
Temporary (pendente lite)During the divorce proceedings
PermanentRare — long marriages with large income gaps
How long can alimony last in Utah?
As a general rule, alimony in Utah should not exceed the length of the marriage — though exceptions exist for long marriages or circumstances where the recipient cannot become self-supporting.
5-year marriageGenerally up to 5 years
20-year marriageCan be indefinite
Short marriage with young childrenCourt has discretion to extend
Is alimony taxable after the 2018 TCJA?
For divorce or separation agreements executed after December 31, 2018: alimony is not deductible by the payor and not taxable income to the recipient. This significantly changed the negotiating dynamics — a dollar of alimony is now worth the same to both parties from a tax perspective.
When can alimony be changed or ended?
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Automatic termination on remarriage
Alimony ends automatically when the recipient remarries, unless the agreement specifically provides otherwise.
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Cohabitation
Utah courts can terminate alimony if the recipient cohabits with another individual — not reduce it, and not at the court's discretion: § 81-4-505(2) says the court shall terminate it on the payor's motion, even if the cohabitation has since ended. The payor has one year from when they knew or should have known.
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Substantial change in circumstances
Either party can petition to modify alimony if income, health, or other circumstances change significantly after the divorce.
Negotiation Tips
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Consider trading alimony for a property offset
Receiving a larger share of assets upfront instead of ongoing monthly payments can be cleaner and avoids future modification disputes.
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Tax treatment matters less now for post-2018 divorces
Since the TCJA eliminated the deduction and income treatment, there is no tax-efficiency angle to negotiate around. A dollar is a dollar.
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Be specific about termination conditions
Your decree should specify exactly when and how alimony ends — remarriage, cohabitation, a fixed date, death. Vague language leads to future litigation.
Fault and Alimony in Utah
Unlike many states, Utah courts can consider marital fault when deciding whether to award alimony and in what amount. This is one of the most litigated aspects of Utah divorce law.
Domestic violence / abuseRelevant to fault
AdulteryRelevant to fault
Financial abuse or waste of marital assetsRelevant to fault
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