Divorce is hard enough without turning it into a credibility war. Alimony — what Utah law calls “spousal support” — exists to help a financially disadvantaged spouse transition without being unfairly impoverished. But too many people think the way to win alimony is to exaggerate or hide facts. That’s wrong, dangerous, and usually backfires. Here’s how to build a strong, truthful alimony case that a Utah judge will actually respect.
Understand the Legal Framework
Utah’s alimony law lives in Utah Code Title 81, Chapter 4 (Dissolution of Marriage), Part 5 (Spousal Support). Judges look at several factors:
- the standard of living existing during the marriage, which factors shall include the following:
- income;
- the approximate value of real and personal property; and
- any other factor that the court determines to be appropriate to enable the court to make a determination of the standard of living existing during the marriage;
- the financial condition and needs of the payee, provided that the payee may show financial needs by itemizing expenses present during the marriage rather than by itemizing post petition expenses;
- the payee’s earning capacity or ability to produce income, including the impact of diminished workplace experience resulting from primarily caring for a minor child of the payor;
- the ability of the payor to provide support;
- the length of the marriage;
- whether the payee has custody of a minor child requiring support;
- whether the payee worked in a business owned or operated by the payor; and
- whether the payee directly contributed to any increase in the payor’s skill by paying for education received by the payor or enabling the payor to attend school during the marriage.
Limited role of marital fault. Marital fault (such as adultery, for example) matters mostly—though not exclusively—if it directly affects finances. The goal of alimony isn’t to punish or reward. It’s to keep one spouse from being unfairly impoverished while the other thrives and from becoming a public charge (welfare recipient).
Build a Truthful Financial Picture
Your credibility lives or dies with your financial declaration and supporting documentation.
- Include recent pay stubs, last 2–3 years of tax returns, bank/credit statements, and proof of regular bills.
- Be thorough with expenses: housing, utilities, food, insurance, debt service. Annualize irregular costs (car repairs, medical bills, school fees) so they’re not forgotten.
- Match your numbers to actual records — judges can spot padding or contradictions.
If you’re not sure if you have enough documentation, over-document. Receipts, spreadsheets, and bank summaries speak louder (and more credibly) than verbal claims.
Show Efforts to Be Self‑Supporting
Utah judges expect you to try to support yourself if you can. Document:
- Job applications, interviews, rejections, and training programs
- Any education or licenses that are out of date or partially obsolete
- Childcare limitations or health issues that realistically slow your return to work
If you’re unsure what you could earn, a vocational evaluation (preferably neutral and credible) can show both your potential and the time/money needed to re‑enter the workforce.
Prove the Marital Standard of Living
Alimony usually aims to approximate, within reason, the lifestyle the couple had before divorce. Don’t just say “we lived comfortably,” show it:
- Average the past 2–3 years of spending on housing, vehicles, vacations, extracurriculars, charitable giving, and retirement saving.
- Pull proof: statements, QuickBooks, receipts, even photos (e.g., family ski trips, sports programs).
Judges (and opposing counsel) dislike vague claims. Numbers with documentary evidence to support them win.
Highlight Real Sacrifices
Did you pause a career to raise children or support your spouse’s business? Move for their job? Turn down promotions? Document it. Opportunity costs (like outdated skills or lost retirement growth) help explain why you need temporary support to rebuild.
Spell out timelines and specifics: “Left nursing in 2008 to raise kids; license now lapsed; reentry requires refresher courses.”
Anticipate and Rebut Counterarguments
Be ready for what the other side will say:
- “Just get a job.” Show what jobs pay in your field now, childcare costs, and your realistic re-entry timeline.
- “You have assets.” Show why certain assets are valuable but not income‑producing. Retirement funds often aren’t considered available without penalties.
- Old credentials. If you have a degree from decades ago, show why it’s stale or obsolete and requires retraining.
- Fault attacks. Utah only cares about fault if it hurt finances (e.g., one spouse blew marital funds on an affair, for example).
Prepare exhibits: childcare quotes, net-income calculations, retirement plan rules.
Don’t Play Games
Judges already expect some exaggeration (or outright lying), so prove them wrong by being radically factual. Lying about and hiding income, ability to earn, and/or expenses can lead to sanctions, attorney’s fees, and a ruined case.
Forensic accountants and subpoenas uncover a lot. Transparency isn’t just ethical — it’s tactical.
Work Effectively With Your Attorney
Help your lawyer help you:
- Give complete, accurate info early. Surprises kill credibility.
- Don’t try to “launder lies” through counsel or assume vagueness covers for a lack of substance for your claims.
- Ask your lawyer to frame your story around the statutory factors.
- Bring supporting documents, and consider experts (vocational, CPA/forensic accountant) if your income picture is complex.
Credibility Wins the Alimony Argument
A well-documented, painstakingly honest, reality-based alimony request beats theatrics or con jobs. The cleaner and more verifiable your numbers and story, the more confident you will be in your position, the more likely you’ll get the support you deserve, and the faster (and less expensively) your case will likely resolve fairly.
Other Alimony Insights
- Temporary vs. long-term alimony: Courts can order temporary (pendente lite) support while a case is pending, then adjust to a final alimony award after trial or settlement.
- Types:
- Temporary (pendente lite) alimony: Utah courts may order support during the pendency of the case to prevent hardship;
- Permanent: in Utah permanent alimony is defined as alimony for a period of time equal to the duration of the marriage;
- Rehabilitative: Common in mid‑length marriages to give re‑entry runway, which is shorter than permanent alimony.
- Periodic vs. Lump‑Sum Alimony: Periodic alimony is paid in installments (usually monthly) and can often be modified or terminated if circumstances change — such as remarriage, cohabitation, or a substantial change in income. Lump‑sum alimony is a fixed total amount (paid all at once or in a short set schedule), is usually nonmodifiable, and can operate more like a property settlement than ongoing support. Understanding this difference can help you choose the right structure and anticipate modification risk.
- Modification and termination: remarriage, cohabitation, or major changes in finances can end or reduce alimony under Utah Code §§ 81‑4‑504 and 505.
Utah Family Law, LC | divorceutah.com | 801-466-9277