WHAT ARE THE GROUNDS FOR A DECREE OF SEPARATE MAINTENANCE IN UTAH?
A decree of separate maintenance may be granted on the following grounds: 1. A spouse has deserted or left the other spouse without good and sufficient cause; 2. A spouse has, although able, neglected or refused to properly provide for and suitably maintain the other spouse; or, 3. A spouse without fault lives separate and apart from the other spouse. WHAT IS THE DIFFERENCE BETWEEN A DECREE OF SEPARATE MAINTENANCE AND A DIVORCE DECREE IN UTAH? Parties are “legally separated” only when a court has entered a decree of separate maintenance. To obtain a decree of separate maintenance in Utah, the parties must go through a proceeding similar to a divorce. A decree of separate maintenance divides property, awards custody of children, provides for child support and alimony, etc., but does so on a temporary basis; the decree of separate maintenance does not end the marriage. Alimony under a decree of separate maintenance is more common than under a divorce decree because the parties are “still
