Alimony Laws in Utah: Remarriage, Cohabitation, Modification & Termination


LegalAccording to the divorce statutes in Utah, alimony or spousal support automatically ends upon the remarriage of a support spouse, unless otherwise stated in a divorce decree.

Effects of Remarriage and Cohabitation on Alimony in Utah

In most cases, alimony ends the minute a supported spouse remarries. You won’t have to go to court to have the alimony arrangement terminated—you can just stop. In the event that you still owe past due spousal support when your ex-spouse remarries, you are still however required by law to complete those payments. Likewise, if the court ordered you to make a property transfer or lump sum alimony payment, you’ll still be required to comply with the court order even if your ex-spouse remarries.

Additionally, court orders regarding alimony also end once your ex-spouse cohabitates or lives in with another individual. Under Utah divorce law, cohabitation is defined as two persons living together and involved in an intimate relationship, even if they’re not married. If you find your ex-spouse cohabitating with another person, you should get help from a divorce attorney in Provo, advises, for filing a motion with the court requesting to terminate your alimony payments.

Modification or Termination Alimony in Utah

Utah divorce law allows the termination or modification of alimony if there’s been a significant change in either spouse’s circumstances after a divorce. However, remarriage of a supporting spouse won’t be considered a “substantial change” with regards to alimony modification. On the other hand, a substantial income increase or a reduction of the financial needs of the supported spouse can be considered grounds for ending or reducing alimony payments.

If you’re a supporting spouse and want to terminate or modify your alimony payments, you must engage the help of a divorce attorney to file a motion and request for alimony modification or termination with the court. You’ll be given a hearing date where you and your ex-spouse must attend. You must gather and bring evidence of your changed circumstances to support your request. In the event that you come to an agreement with your ex-spouse prior to the hearing, you must put it in writing, sign it, and then submit it for the court’s review and approval.