How Utah Determines Alimony
Utah courts determine alimony case by case on at least nine factors, including the standard of living during the marriage, the payee’s needs and earning capacity, the payor’s ability to pay, tax consequences and the length of the marriage, and may consider fault.
The factors
In a divorce or a proceeding to modify alimony, the court shall consider at least the following (Utah Code 81-4-502(1), as amended in 2026):
| Factor | |
|---|---|
| (a) | The standard of living during the marriage: income, the approximate value of real and personal property and any other factor the court finds appropriate |
| (b) | The financial condition and needs of the payee, who can show needs by itemizing expenses present during the marriage |
| (c) | The payee’s earning capacity, including the impact of diminished workplace experience from primarily caring for a minor child of the payor |
| (d) | The ability of the payor to provide support |
| (e) | The tax consequences of alimony on each party |
| (f) | The length of the marriage |
| (g) | Whether the payee has custody of a minor child requiring support |
| (h) | Whether the payee worked in a business owned or operated by the payor |
| (i) | Whether the payee directly contributed to an increase in the payor’s skill by paying for education or enabling the payor to attend school |
Standard of living
The court considers the standard of living at the time of separation, and may base alimony on the standard at the time of trial. It may also attempt to equalize the parties’ standards of living.
Fault
The court may consider fault in deciding whether to award alimony and its terms, and may close the proceedings and seal the records when fault is at issue. Fault means wrongful conduct during the marriage that substantially contributed to the breakup: adultery, intentionally causing or attempting physical harm to the other party or a minor child, causing them to reasonably fear life-threatening harm, or substantially undermining the other party’s financial stability (81-4-501).
Short marriages
If the marriage is short and no minor child was conceived or born during it, the court may consider the standard of living at the time of the marriage and may restore each party to the condition that existed then.
Major income changes
When a marriage of long duration ends on the threshold of a major change in income due to the parties’ collective efforts, the court considers it in dividing the property and setting alimony, and may make a compensating adjustment if one party’s earning capacity was greatly enhanced by both.
Questions to bring to an attorney
Ask how the court would weigh fault and the tax consequences, and how to document the marital standard of living.
Next steps
See the term limit and equal standards of living and test numbers in the Utah alimony calculator.
Frequently asked questions
What factors does Utah use for alimony?
Standard of living, the payee's needs and earning capacity, the payor's ability to pay, tax consequences, the length of the marriage, custody of a minor child, work in the payor's business and contributions to the payor's education.
Does Utah consider fault for alimony?
Yes, the court may consider fault in deciding whether to award alimony and its terms.
Does Utah consider taxes for alimony?
Yes. The tax consequences of alimony on each party became a factor in 2026.
Can Utah equalize standards of living?
The court may try to; in a marriage of 10 years or more where the payee reduced workplace experience to care for the payor's child, it is presumed.
Can a payee show needs from the marriage budget?
Yes. The payee may itemize expenses present during the marriage rather than post-petition expenses.
Official sources
- S.B. 59 (2026): current text of Utah Code 81-4-501, 81-4-502, 81-4-504 and 81-4-505
- Utah Courts: alimony
A local family law attorney can review your situation — many offer a free consultation.
This is general information, not legal advice. It is based on the cited Utah statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Utah attorney.