How does the court determine alimony?
Alimony, unlike child support, is not based on any stated formula, but is discretionary with the court. In a line of cases decided in Utah in the late 1980’s and early 1990’s, the Utah Supreme Court reaffirmed the concept of alimony as an alive and viable doctrine in Utah. Utah Law states that in long term marriages (certainly a marriage of 20 years or longer), alimony awards are to be permanent awards that are only terminated by remarriage or cohabitation of the spouse receiving the alimony. Many men who were divorcing after more than 20 years have been very concerned about this law. The Utah legislature has recently enacted a statute that says in no event can alimony be required to be paid for a period longer than the term of the marriage. An alimony award can be modified after a Decree of Divorce to increase or decrease it to take into account material changes in circumstances. Either party can petition to modify a Decree. This information concerning the length of alimony in a 20 ye
