How So-Called Temporary Orders Subtly Decide Your Case
“Temporary orders” sound harmless. Interim. A placeholder until the whole case gets decided. That’s not how they function in the real world. In virtually every Utah divorce and child custody…
VA Disability Pay vs. Alimony: Why Your “Tax-Free” Income Still Counts
Veterans often believe their VA disability pay is “untouchable” in divorce. Not exactly. While it cannot be divided as property, courts routinely treat it as income for alimony. Learn how…
USFSPA Decoded: Dividing Military Retirement Benefits in a Utah Court
For Utah divorcing couples: A clear, practical discussion on how military retirement is divided under the Uniformed Services Former Spouses’ Protection Act (USFSPA) and Utah’s equitable distribution law — including…
Is Alimony Still Necessary? Or Is It an Outdated Relic? A Utah Divorce Lawyer’s Honest, Earnest Take
If you have spent any time searching for information about alimony, you already know the truth: most people hate the idea of paying it, most people love the idea of…
Can the Amount of Child Support or Alimony Be Lowered or Eliminated if Your Ex Gets Remarried? In a Utah Divorce Case, Maybe.
People often assume that once their ex remarries, financial obligations from the divorce automatically shrink or disappear. It’s not that simple. In short: when it comes to the effects on child…
Building a Credible Alimony Case Without Games or Gimmicks
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…
What Impact Are Current Economic Conditions Having on Alimony and Property Division Outcomes in Divorce Cases?
If you’re divorcing now, the economy matters more than you may think. Economic forces shape divorce outcomes in Utah. Current economic conditions are having a very real, measurable effect on…
What Evidence Should You Request During the Discovery Process in Your Utah Divorce?
Divorce has many components, one of which often includes litigating in court. Ensuring a fair outcome in your divorce case requires more than just going to court and arguing. One…
Do I Receive Alimony if I’m the One to File for Divorce?
I cannot speak as to what the law is on all jurisdictions, but I can answer this question based upon the law of the jurisdiction where I practice divorce and…
My Husband Cheated on Me Multiple Times. We Don’t Have Any Children. I Want to File for Divorce and Seek Alimony. What Should I Do?
Find the best lawyer you can and start there; meet with a skilled, diligent, honest lawyer and find out about the divorce process, it’s benefits and detriments, its risks and…
It Tolls for Thee: The All Too Frequent Tragic Cost and Futility of Family Court
“Quid rides? Mutato nomine et de te fabula narrator. [Why do you laugh ? Change only the name and this story is about you.]” Here’s a deeply disturbing but all…
Dutcher v. Dutcher – 2025 UT App 21
Dutcher v. Dutcher - 2025 UT App 21 THE UTAH COURT OF APPEALS DAVID THOMAS DUTCHER, Appellant, v. AUDREY PARK DUTCHER, Appellee. Opinion No. 20230332-CA Filed February 21, 2025 Third District…
What is Good Evidence in Divorce Proceedings, and What Critical Role Does It Play?
In divorce litigation, strong, compelling evidence is the cornerstone of successfully navigating critical legal determinations. When significant issues such as child custody, child support, property division, marital debt allocation, and…
If My Ex-husband Quit His Job to Avoid Alimony Does He Still Have to Pay Alimony?
If a spouse (husband or wife) is ordered by the court to pay alimony but then quits his/her job and then tries to claim “I can’t pay alimony because I…
Is It True That Some Men Pay Their Wives to Avoid Giving up Their House During Divorce Proceedings or Other Agreements?
Yes, it’s true; this happens sometimes. But more broadly speaking, there are all kinds of situations in divorce where both husbands and wives, fathers and mothers make extortionate deals to…
Calculating Alimony in Utah Divorce Cases
Alimony is not purely a mathematical formula in Utah, but the governing section of the Utah Code (see Section 81-4-502. Determination of alimony) does relay on some basic addition, subtraction, and division. First,…
How Do I Divorce My Husband After 37 Years and When I Have No Job?
This is not an easy decision to contemplate for most people of your age. If you married in your twenties, then you are likely at least 57 years old when…
How Is It to Divorce When You Get Retired?
Usually painful. Perhaps in some ways that are a little different from the pain one would suffer when divorcing young, but still painful. Retirees suffer a unique pain in the…
Is It Time to Recognize “Semi-cohabitation” as a Basis for at Least Reducing the Alimony Award?
Currently in Utah, alimony, the Utah Code provides, at § 30-3-5(11)(a), which will, effective September 1, 2024, be renumbered as § 81-4-504(1), as follows: (11)(a) The court has continuing jurisdiction…
How to Fill Out Your Financial Declaration, Paragraph Four. By Braxton Mounteer, Legal Assistant
Paragraph four of your financial declaration deals with your gross monthly income. Your gross monthly income is your income from all sources. This includes, your income from employment, your work,…
How to Fill Out Your Financial Declaration, Paragraph One. By Braxton Mounteer, Legal Assistant
If you find yourself involved in a Utah divorce action (whether child support will be an issue or not) or an action over the support of minor children in Utah…
If I Agreed to Sign up a Prenup With My Billionaire Husband Does That Mean I Would Not Get Anything Not Even a Dollar?
I can’t speak to what the law governing prenuptial agreements is in any jurisdiction other than the one in which I practice divorce and family law (Utah), but as to…
Are You Fighting for Your Kids or Are You Protecting Your Financial Future? By Braxton Mounteer, Legal Assistant
An accusation that gets thrown around a lot in a divorce action is that a parent doesn’t actually want to spend time with his or her children. Usually it's an…
Is this a first principle?
If you can get a no-fault divorce, meaning that you can just walk away from a marriage because you don't want it anymore, why could that same person seek alimony?…
I Was Just Laid Off, Through No Fault of My Own, and Don’t Know How Soon I’ll Find Work Again or How Much I Might Actually Earn Once I Do. How Do I Get the Court to Reduce or Terminate My Alimony Obligation?
A reduction in the alimony award obligation is extremely difficult to obtain. It's designed to be difficult to modify downward, so that only those who 1) are truly unable to…
Why Hiding Your Money in a Divorce and/or Child Support Court Case Won’t Work (and why people still try) By Braxton Mounteer
When those who will be ordered to divide assets with a spouse and/or pay child and/or spousal support (alimony) confront the matter, many try to lie about and to misrepresent their…
I Can Prepare a Prenuptial Agreement for You, but With Rare, Particular Exception, I Advise Against It.
Most attorney websites that contain “articles” on prenuptial agreements aren’t really articles but thinly veiled sales pitches for prenuptial agreements. This post is not one of those. I have always…
Clarke v. Clarke – 2023 UT App 160
2023 UT App 160 THE UTAH COURT OF APPEALS EDWIN M. CLARKE, Appellee, v. ANGOZI R.S. CLARKE, Appellant. Opinion No. 20220067-CA Filed December 29, 2023 Third District Court, Silver Summit…