My wife had an affair, got caught when she got pregnant by her lover, and then separated from me to move in with him. She had the baby and she and her lover still live together. Now she has filed for divorce and is seeking alimony. What?! Can she really do that?
Answer: No, thank goodness. She cannot.
The answer lies here:
81-4-505. Termination of alimony.
(1)
(a) Except as provided in Subsection (1)(b), or unless a decree of divorce specifically provides otherwise, any order of the court that a payor pay alimony to a payee automatically terminates upon the remarriage or death of that payee.
(b) If the remarriage of the payee is annulled and found to be void ab initio, the payment of alimony shall resume if the payor is made a party to the action of annulment and the payor’s rights are determined.
(2) If a payor establishes that a payee cohabits with another individual during the pendency of the divorce action, the court:
(a) may not order the payor to pay temporary alimony to the payee; and
(b) shall terminate any order that the payor pay temporary alimony to the payee.
(3)
(a) Subject to Subsection (3)(b), the court shall terminate an order that a payor pay alimony to a payee if the payor establishes that, after the order for alimony is issued, the payee cohabits with another individual even if the payee is not cohabiting with the individual when the payor files the motion to terminate alimony.
(b) A payor may not seek termination of alimony under Subsection (3)(a) later than one year after the day on which the payor knew or should have known that the payee has cohabited with another individual.
Utah Family Law, LC | divorceutah.com | 801-466-9277
