Modifying and Ending Utah Alimony
Utah alimony ends automatically on the payee’s remarriage or death, the court shall end it for cohabitation if the payor acts within a year, and it can be modified on a substantial material change, including retirement.
Remarriage and death
Unless the decree specifically provides otherwise, an order that the payor pay alimony automatically terminates on the remarriage or death of the payee. If the remarriage is annulled as void from the start, payment resumes if the payor was made a party to the annulment and his or her rights were determined (Utah Code 81-4-505).
Cohabitation
If the payor establishes that the payee cohabits with another individual during the divorce or after the decree, the court may not order alimony, including temporary alimony, and shall terminate any order, even if the payee is not cohabiting when the payor files the motion. The payor may not seek termination later than one year after the day he or she knew or should have known of the cohabitation. “Cohabit” means to live together, or reside together on a regular basis, in the same residence in a relationship of a romantic or sexual nature (81-4-501).
Modification
The court has continuing jurisdiction to change alimony on a substantial material change in circumstances not expressly stated in the decree or findings (81-4-504). A party’s retirement is a substantial material change, unless the decree or findings expressly say otherwise, for decrees entered on or after May 12, 2020.
New needs
The court may not modify alimony or issue a new order to address needs of the recipient that did not exist when the decree was entered, unless it finds extenuating circumstances.
A new spouse’s income
In modifying the amount, the court may not consider the income of a payor’s later spouse, but may consider that spouse’s ability to share living expenses, or his or her income if the payor’s improper conduct justifies it.
Questions for the negotiation
Decide whether the decree should provide something different on remarriage, cohabitation or retirement.
Recipient income expected at divorce
If the court found at the divorce that the payee could earn a certain amount, a failure to reach it is a substantial change only if the payee made reasonable efforts but barriers prevented improvement (Utah Courts, alimony).
Frequently asked questions
Does remarriage end Utah alimony?
Yes. It terminates automatically on the payee's remarriage or death unless the decree says otherwise.
Can a payor stop alimony for cohabitation in Utah?
Yes. The court shall terminate alimony if the payor establishes the payee cohabits, if the payor seeks it within a year of knowing.
Is retirement a reason to modify Utah alimony?
Yes, it is a substantial material change for decrees entered on or after May 12, 2020, unless the decree says otherwise.
Is a new spouse’s income counted for Utah alimony?
Not in modifying the amount, with limited exceptions.
What if a remarriage is annulled in Utah?
Alimony resumes if the payor was a party to the annulment and his or her rights were determined.
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.