Does Fault Affect an Alimony Award?
The court may consider the fault of either partner in determining whether to award alimony. The Utah legislature defines “fault” as wrongful conduct during the marriage that substantially contributed to the breakup of the marriage relationship.
A short list of wrongful conduct includes (1) engaging in sexual relations with a person other than your spouse; knowingly and intentionally causing or attempting to cause physical harm to your spouse or children; (2) knowingly and intentionally causing your spouse or children to reasonably fear life-threatening harm, or (3) substantially undermining the financial stability of your spouse or children.
If your partner seeks to prove to the court that fault caused the breakup of the marriage, you should seek legal counsel to advise you about closing the proceedings and sealing the court records on this issue.
A short list of wrongful conduct includes (1) engaging in sexual relations with a person other than your spouse; knowingly and intentionally causing or attempting to cause physical harm to your spouse or children; (2) knowingly and intentionally causing your spouse or children to reasonably fear life-threatening harm, or (3) substantially undermining the financial stability of your spouse or children.
If your partner seeks to prove to the court that fault caused the breakup of the marriage, you should seek legal counsel to advise you about closing the proceedings and sealing the court records on this issue.
Divorce FAQ
The foregoing information is general, non-case-specific information and is not intended to constitute legal advice or to form an attorney-client relationship. We provide aggressive, competent representation in all areas of divorce and family law, including child custody, visitation, child support, alimony awards, modifications, guardianships, adoptions, prenuptial agreements and all related matters. To schedule an appointment with one of our attorneys, please contact our office at 801-377-4652.
Courtyard at Jamestown
3575 North 100 East
Suite 325
Provo, Utah 84664
Phone: 801-377-4652
Fax: 801-377-4673
3575 North 100 East
Suite 325
Provo, Utah 84664
Phone: 801-377-4652
Fax: 801-377-4673
