Divorce

To change an alimony order, there must be a “substantial material change in circumstances” that was not specifically addressed in the divorce decree or in the judge’s written determinations (“findings”) at the time of the divorce decree. The retirement of one of the parties is considered a substantial change in circumstances unless the divorce decree or the findings that the judge entered at the time of the divorce decree specifically states otherwise.

The judge cannot change an alimony order or issue a new alimony order to address a new need that you may have if it did not exist during the divorce, unless the judge believes there are extreme facts (extenuating circumstances) to support that change.¹

If the judge decides to change the amount of alimony, s/he cannot consider the income of the paying spouse’s new spouse, except to consider:

• the new spouse’s ability to share living expenses; or
• if the paying spouse’s bad behavior (improper conduct) justifies considering the new spouse’s income.²

An alimony order will end (terminate) automatically when you die, or when you get married again and the marriage is not annulled. A judge can also terminate your alimony order if your spouse proves that you are living with someone else in a romantic or sexual relationship (cohabitating) and either of the following are true:

• the divorce case is still ongoing and you are receiving temporary alimony; or
• the divorce case is over and your spouse files to end alimony within one year of when s/he knew or should have known that you were cohabiting with someone else.³

¹ Utah Code § 81-4-504(1)-(3)
² Utah Code § 81-4-504(4)
³ Utah Code §§ 81-4-501(2); 81-4-505