Taylor v. Taylor – 2025 UT App 94 – postnuptial agreement and alimony

Taylor v. Taylor - 2025 UT App 94 THE UTAH COURT OF APPEALS JACQUELINE KEMPTON TAYLOR, Appellant, v. MARK BENNETT TAYLOR, Appellee. Opinion No. 20230868-CA Filed June 26, 2025 Third…

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Lunt v. Lunt – 2024 UT App 148 – Alimony, Individual Needs, Business Goodwill

Lunt v. Lunt - 2024 UT App 148 THE UTAH COURT OF APPEALS MEGAN LUNT, Appellee, v. DREW E. LUNT, Appellant. Opinion No. 20220596-CA Filed October 18, 2024 Third District…

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Kinsey v. Kinsey – 2024 UT App 120 – Termination of Alimony

Kinsey v. Kinsey - 2024 UT App 120 THE UTAH COURT OF APPEALS JULIE KINSEY, Appellee, v. GLEN D. KINSEY, Appellant. Opinion No. 20230088-CA Filed August 22, 2024 Third District…

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Kinsey v. Kinsey – 2024 UT App 120 – termination of alimony

Kinsey v. Kinsey - 2024 UT App 120 THE UTAH COURT OF APPEALS JULIE KINSEY, Appellee, v. GLEN D. KINSEY, Appellant. Opinion No. 20230088-CA Filed August 22, 2024 Third District…

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Utah Divorce and Your Financial Declaration: Why it Matters, and How to Prepare It the Right Way

In every Utah divorce case, the parties must prepare what is known as a financial declaration. The parties to a divorce action are required by the rules of court to…

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2023 UT App 62 – Cox v. Cox – Adequacy of Court Findings

2023 UT App 62 - Cox v. Cox THE UTAH COURT OF APPEALS BLANCHE COX, Appellee, v. JAMES A. COX, Appellant. Opinion No. 20210455-CA Filed June 8, 2023 Fourth District…

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Tithing Can Be a Legitimate Personal Expense in the Context of Determining the Alimony Award

Whether my recollection is true or not, I remember being taught in law school that tithing and other regular charitable giving cannot be treated as a personal expense deduction in…

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Wadsworth v. Wadsworth – 2022 UT App 5 – marital estate

2022 UT App 5  THE UTAH COURT OF APPEALS  CANDI WADSWORTH, Appellant, v. GUY L. WADSWORTH, Appellee.  Opinion No. 20190106-CA No. 20200430-CA Filed January 13, 2022  Third District Court, Salt…

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Law from a legal assistant’s point of view, week 18: Financial Declarations and Initial Disclosures

Law from a legal assistant’s point of view, week 18: Financial Declarations and Initial Disclosures By Quinton Lister, legal assistant My minimal exposure to the legal profession as a legal…

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MacFarland v. MacFarland – 2021 UT App 58

021 UT App 58  THE UTAH COURT OF APPEALS  BRUCE RAY MCFARLAND, Appellant and Cross-appellee,  v.  NICOLE S. MCFARLAND, Appellee and Cross-appellant.  Opinion  No. 20190541-CA  Filed June 4, 2021  Second…

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Do courts make awards in divorce to “punish” adultery?

Do courts make awards in divorce to “punish” adultery? Great question.   Adultery is considered a fault-based ground for divorce and a factor that can be considered when the trial court…

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Can I file for divorce and spousal support after being separated from my husband for 5 years?

This is an interesting question because if you have been financially independent of your spouse during your five year separation that implies that you don't need financial support from your…

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Do judges sometimes feel overburdened by the responsibilities of their job?

Yes, and for good reason. First, let me be unusually but sincerely candid: many judges and many of the actions that judges take disappoint me. There are some excellent judges…

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What would happen if there were no alimony or splitting assets in divorce without kids?

That is an interesting question. Before I answer it, know this: anyone who is motivated to marry on a “what’s in it for me?” basis and who stays married motivated…

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If an ex uses illness to stop working, can she get more alimony?

If an ex uses illness to stop working, can she get more alimony? Can being debilitated by illness be a reason for a spouse receiving alimony or more alimony than…

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If an ex uses illness to stop working, can she get more alimony?

If an ex uses illness to stop working, can she get more alimony? Can being debilitated by illness be a reason for a spouse receiving alimony or more alimony than…

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Allen v. Allen – 2021 UT App 20 – custody, alimony, child support

Allen v. Allen - 2021 UT App 20 http://www.utcourts.gov/opinions/view.html?court=appopin&opinion=Allen v. Allen20210225_20190369_20.pdf 2021 UT App 20 THE UTAH COURT OF APPEALS REBECCA ELLEN ALLEN, Appellee, v. KENT DARIUS ALLEN,Appellant. Opinion No.…

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I was divorced and lied to during my divorce and I am disabled can I take my ex back to court for spousal support?

I was divorced and lied to during my divorce and I am disabled can I take my ex back to court for spousal support? Can you try? Yes. Will you…

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I was divorced and lied to during my divorce and I am disabled can I take my ex back to court for spousal support?

I was divorced and lied to during my divorce and I am disabled can I take my ex back to court for spousal support? Can you try? Yes. Will you…

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Brown v. Brown – 2020 UT App 146 – marital vs. non-marital assets

2020 UT App 146 THE UTAH COURT OF APPEALS JERRY V. BROWN, Appellant, v. YVONNE A. BROWN, Appellee. Opinion No. 20190543 Filed October 29, 2020 Fourth District Court, Provo Department…

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Bjarnson v. Bjarnson – 2020 UT App 141 – prospective increase in alimony based upon uncertain future event

2020 UT App 141 - THE UTAH COURT OF APPEALS HUGH LYNN BJARNSON, Appellant, v. JENNIFER LOU BJARNSON, Appellee. Opinion No. 20190734-CA Filed October 16, 2020 Fourth District Court, Provo…

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Burggraaf v. Burggraaf – 2019 UT App 195 – imputing income, vacating alimony

2019 UT App 195 THE UTAH COURT OF APPEALS CAROL BURGGRAAF, Appellee, v. BRIAN JOSEPH BURGGRAAF, Appellant. Opinion No. 20180405-CA Filed November 29, 2019 Second District Court, Ogden Department The…

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2019 UT App 147 – McQuarrie v. McQuarrie – termination of alimony

2019 UT App 147 – McQuarrie v. McQuarrie THE UTAH COURT OF APPEALS MELVIN C. MCQUARRIE, Appellant and Cross-appellee, v. JANETTE COLLEDGE MCQUARRIE, Appellee and Cross-appellant. Opinion No. 20170956-CA Filed…

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Janson v. Janson – 2019 UT App 106 – setting aside settlement agreement

2019 UT App 106 - Janson v. Janson - setting aside stipulation THE UTAH COURT OF APPEALS DEIDRE SUE JANSON, Appellant, v. JEFFREY ALAN JANSON, Appellee. Opinion No. 20170541-CA Filed…

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A real client’s questions about divorce settlement and mediation

Here is a real client’s questions about divorce settlement and mediation. Don't worry, I've removed the names and changed out the details to protect confidentiality. This client asked a lot…

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Should all spousal support/alimony be revoked?

Should all spousal support/alimony be revoked? No, but I wouldn’t be upset if it was largely overhauled to reflect circumstances as they are now. Because originally wives didn’t get half…

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What are legal ways one can prevent having to pay spousal support in case of a divorce?

What are legal ways one can prevent having to pay spousal support in case of a divorce? Do you really mean “What are legally and equitably valid ways one can prevent having…

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What Is Alimony, and How Does It Work in Utah?

What is Alimony? Alimony is a legal obligation imposed by court order upon one spouse in a separate maintenance action or divorce action to provide financial support for the other…

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By law does a woman have to pay an abusive ex-husband alimony?

In the jurisdiction where I practice law (Utah), the question is not whether an abused spouse who makes more money than the abuser must pay alimony to the abuser, but…

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