The Impact of Adultery on Alimony in Utah Divorce

by Norris Law Group on April 25, 2014

divorce_dolls_150Utah judges do consider adultery when making decisions about whether and how much alimony to award in a divorce, according to DivorceNet.

Adultery must be argued as a major reason for the divorce for it to prevent an unfaithful spouse from receiving alimony. If your spouse was indeed unfaithful and you decided to forgive him or her and went on to cohabitate after your spouse’s affair, Utah judges won’t consider adultery when ruling on alimony. If you have also engaged in adulterous behavior, the Court probably won’t stop your spouse from receiving alimony because of your spouse’s affair.

If you believe your spouse should not receive alimony because he or she had an affair, you must prove that the affair occurred through documents such as phone records, credit card or bank statements. Other evidence proving that your spouse was unfaithful may also be presented. Proving adultery to the Court can be very difficult and complicated.

Other factors that Utah judges consider when making decisions in divorce cases include:

Utah courts consider the other following factors when deciding alimony:

  • financial needs of the dependent spouse
  • earning ability of the paying spouse
  • length of the marriage
  • whether the dependent spouse has custody of minor children
  • whether the dependent spouse worked for the paying spouse during the marriage
  • whether the dependent spouse contributed to the job skills or education of the paying spouse
  • standard of living during the marriage, and
  • fault of either spouse during the marriage, including adultery or domestic violence.

Attorney Graham Norris and his associates at the Norris Law Group serve the residents of Utah County and throughout Utah in the area of divorce. Contact them today at 801-932-1238 or online for a free consultation.

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