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7 LONG TITLE
8 General Description:
9 This bill modifies provisions related to alimony determinations.
10 Highlighted Provisions:
11 This bill:
12 ▸ adds factors to be considered when determining the standard of living that existed
13 during a marriage;
14 ▸ requires a look-back period for information provided to demonstrate the financial
15 conditions and needs of a spouse seeking to be awarded alimony;
16 ▸ places restrictions on when a court can reduce a showing of need related to alimony;
17 ▸ provides means for demonstrating income and the standard of living during a
18 marriage;
19 ▸ modifies provisions related to when a court may elect to equalize income between
20 parties by means of an alimony award; and
21 ▸ provides potential limitations on imputation of income for alimony purposes in
22 some circumstances where the recipient spouse has no recent full-time work history
23 or has been diagnosed with a disability.
24 Money Appropriated in this Bill:
25 None
26 Other Special Clauses:
27 This bill provides a coordination clause.
28 Utah Code Sections Affected:
29 AMENDS:
30 30-3-5, as last amended by Laws of Utah 2023, Chapters 327, 418
31 ENACTS:
32 30-3-5.5, Utah Code Annotated 1953
33 Utah Code Sections Affected By Coordination Clause:
34 30-3-5.5, Utah Code Annotated 1953
35 81-1-204, Utah Code Annotated 1953
36 81-4-502, Utah Code Annotated 1953
37 81-4-503, Utah Code Annotated 1953
38 81-4-504, Utah Code Annotated 1953
39
40 Be it enacted by the Legislature of the state of Utah:
41 Section 1. Section 30-3-5 is amended to read:
42 30-3-5. Disposition of property -- Maintenance and health care of parties and
43 children -- Division of debts -- Court to have continuing jurisdiction -- Custody and
44 parent-time -- Alimony -- Nonmeritorious petition for modification.
45 (1) As used in this section:
46 (a) "Cohabit" means to live together, or to reside together on a regular basis, in the
47 same residence and in a relationship of a romantic or sexual nature.
48 (b) "Fault" means any of the following wrongful conduct during the marriage that
49 substantially contributed to the breakup of the marriage:
50 (i) engaging in sexual relations with an individual other than the party's spouse;
51 (ii) knowingly and intentionally causing or attempting to cause physical harm to the
52 other party or a child;
53 (iii) knowingly and intentionally causing the other party or a child to reasonably fear
54 life-threatening harm; or
55 (iv) substantially undermining the financial stability of the other party or the child.
56 (c) "Length of the marriage" means, for purposes of alimony, the number of years from
57 the day on which the parties are legally married to the day on which the petition for divorce is
58 filed with the court.
59 (2) When a decree of divorce is rendered, the court may include in the decree of
60 divorce equitable orders relating to the children, property, debts or obligations, and parties.
61 (3) The court shall include the following in every decree of divorce:
62 (a) an order assigning responsibility for the payment of reasonable and necessary
63 medical and dental expenses of a dependent child, including responsibility for health insurance
64 out-of-pocket expenses such as co-payments, co-insurance, and deductibles;
65 (b) (i) if coverage is or becomes available at a reasonable cost, an order requiring the
66 purchase and maintenance of appropriate health, hospital, and dental care insurance for a
67 dependent child; and
68 (ii) a designation of which health, hospital, or dental insurance plan is primary and
69 which health, hospital, or dental insurance plan is secondary in accordance with Section
70 30-3-5.4 that will take effect if at any time a dependent child is covered by both parents' health,
71 hospital, or dental insurance plans;
72 (c) in accordance with Section 15-4-6.5:
73 (i) an order specifying which party is responsible for the payment of joint debts,
74 obligations, or liabilities of the parties contracted or incurred during marriage;
75 (ii) an order requiring the parties to notify respective creditors or obligees, regarding
76 the court's division of debts, obligations, or liabilities and regarding the parties' separate,
77 current addresses; and
78 (iii) provisions for the enforcement of these orders;
79 (d) provisions for income withholding in accordance with Title 26B, Chapter 9,
80 Recovery Services and Administration of Child Support; and
81 (e) if either party owns a life insurance policy or an annuity contract, an
82 acknowledgment by the court that the owner:
83 (i) has reviewed and updated, where appropriate, the list of beneficiaries;
84 (ii) has affirmed that those listed as beneficiaries are in fact the intended beneficiaries
85 after the divorce becomes final; and
86 (iii) understands that if no changes are made to the policy or contract, the beneficiaries
87 currently listed will receive any funds paid by the insurance company under the terms of the
88 policy or contract.
89 (4) (a) The court may include, in an order determining child support, an order assigning
90 financial responsibility for all or a portion of child care expenses incurred on behalf of a
91 dependent child, necessitated by the employment or training of the custodial parent.
92 (b) If the court determines that the circumstances are appropriate and that the
93 dependent child would be adequately cared for, the court may include an order allowing the
94 noncustodial parent to provide child care for the dependent child, necessitated by the
95 employment or training of the custodial parent.
96 (5) The court has continuing jurisdiction to make subsequent changes or new orders for
97 the custody of a child and the child's support, maintenance, health, and dental care, and for
98 distribution of the property and obligations for debts as is reasonable and necessary.
99 (6) Child support, custody, visitation, and other matters related to a child born to the
100 parents after entry of the decree of divorce may be added to the decree by modification.
101 (7) (a) In determining parent-time rights of parents and visitation rights of grandparents
102 and other members of the immediate family, the court shall consider the best interest of the
103 child.
104 (b) Upon a specific finding by the court of the need for peace officer enforcement, the
105 court may include in an order establishing a parent-time or visitation schedule a provision,
106 among other things, authorizing any peace officer to enforce a court-ordered parent-time or
107 visitation schedule entered under this chapter.
108 (8) If a petition for modification of child custody or parent-time provisions of a court
109 order is made and denied, the court shall order the petitioner to pay the reasonable attorney fees
110 expended by the prevailing party in that action, if the court determines that the petition was
111 without merit and not asserted or defended against in good faith.
112 (9) If a motion or petition alleges noncompliance with a parent-time order by a parent,
113 or a visitation order by a grandparent or other member of the immediate family where a
114 visitation or parent-time right has been previously granted by the court, the court:
115 (a) may award to the prevailing party:
116 (i) actual attorney fees incurred;
117 (ii) the costs incurred by the prevailing party because of the other party's failure to
118 provide or exercise court-ordered visitation or parent-time, which may include:
119 (A) court costs;
120 (B) child care expenses;
121 (C) transportation expenses actually incurred;
122 (D) lost wages, if ascertainable; or
123 (E) counseling for a child or parent if ordered or approved by the court; or
124 (iii) any other appropriate equitable remedy; and
125 (b) shall award reasonable make-up parent-time to the prevailing party, unless make-up
126 parent-time is not in the best interest of the child.
127 (10) (a) The court shall consider at least the following factors in determining alimony:
128 (i) the standard of living existing during the marriage, which factors shall include the
129 following:
130 (A) income;
131 (B) the approximate value of real and personal property; and
132 (C) any other factor that the court determines to be appropriate to enable the court to
133 make a determination of the standard of living existing during the marriage;
134 (ii) the financial condition and needs of the recipient spouse, provided that the court
135 shall permit the recipient spouse to show need by itemizing expenses present during the
136 marriage rather than by itemizing post petition expenses;
137 [
138 impact of diminished workplace experience resulting from primarily caring for a child of the
139 payor spouse;
140 [
141 [
142 [
143 [
144 payor spouse; and
145 [
146 payor spouse's skill by paying for education received by the payor spouse or enabling the payor
147 spouse to attend school during the marriage.
148 (b) The court may consider the fault of the parties in determining whether to award
149 alimony and the terms of the alimony.
150 (c) The court may, when fault is at issue, close the proceedings and seal the court
151 records.
152 (d) As a general rule, the court should look to the standard of living, existing at the
153 time of separation, in determining alimony in accordance with Subsection (10)(a). However,
154 the court shall consider all relevant facts and equitable principles and may, in the court's
155 discretion, base alimony on the standard of living that existed at the time of trial. In marriages
156 of short duration, when no child has been conceived or born during the marriage, the court may
157 consider the standard of living that existed at the time of the marriage.
158 (e) (i) (A) The court may[
159 parties' respective standards of living.
160 (B) If a marriage has been in effect for 10 years or more, and if the recipient spouse has
161 significantly diminished workplace experience resulting from an agreement between the
162 spouses that the recipient spouse reduce their workplace experience to care for a child of the
163 payor spouse, it shall be the rebuttable presumption that the court equalize the parties' standard
164 of living. This presumption can be rebutted by a showing of good cause, and the court shall
165 enter specific findings of fact as to the evidentiary basis for its determination.
166 (ii) Subsection (10)(e)(i) may not be applied to or used as the basis to modify an
167 alimony award if the petition for divorce was filed before May 1, 2024.
168 (f) When a marriage of long duration dissolves on the threshold of a major change in
169 the income of one of the spouses due to the collective efforts of both, that change shall be
170 considered in dividing the marital property and in determining the amount of alimony. If one
171 spouse's earning capacity has been greatly enhanced through the efforts of both spouses during
172 the marriage, the court may make a compensating adjustment in dividing the marital property
173 and awarding alimony.
174 (g) In determining alimony when a marriage of short duration dissolves, and no child
175 has been conceived or born during the marriage, the court may consider restoring each party to
176 the condition which existed at the time of the marriage.
177 (11) (a) The court has continuing jurisdiction to make substantive changes and new
178 orders regarding alimony based on a substantial material change in circumstances not expressly
179 stated in the divorce decree or in the findings that the court entered at the time of the divorce
180 decree.
181 (b) A party's retirement is a substantial material change in circumstances that is subject
182 to a petition to modify alimony, unless the divorce decree, or the findings that the court entered
183 at the time of the divorce decree, expressly states otherwise.
184 (c) The court may not modify alimony or issue a new order for alimony to address
185 needs of the recipient that did not exist at the time the decree was entered, unless the court
186 finds extenuating circumstances that justify that action.
187 (d) (i) In determining alimony, the income of any subsequent spouse of the payor may
188 not be considered, except as provided in Subsection (10) or this Subsection (11).
189 (ii) The court may consider the subsequent spouse's financial ability to share living
190 expenses.
191 (iii) The court may consider the income of a subsequent spouse if the court finds that
192 the payor's improper conduct justifies that consideration.
193 (e) (i) Except as provided in Subsection (11)(e)(iii), the court may not order alimony
194 for a period of time longer than the length of the marriage.
195 (ii) If a party is ordered to pay temporary alimony during the pendency of the divorce
196 action, the period of time that the party pays temporary alimony shall be counted towards the
197 period of time for which the party is ordered to pay alimony.
198 (iii) At any time before the termination of alimony, the court may find extenuating
199 circumstances or good cause that justify the payment of alimony for a longer period of time
200 than the length of the marriage.
201 (12) (a) Except as provided in Subsection (12)(b), unless a decree of divorce
202 specifically provides otherwise, any order of the court that a party pay alimony to a former
203 spouse automatically terminates upon the remarriage or death of that former spouse.
204 (b) If the remarriage of the former spouse is annulled and found to be void ab initio,
205 payment of alimony shall resume if the party paying alimony is made a party to the action of
206 annulment and the payor party's rights are determined.
207 (13) If a party establishes that a current spouse cohabits with another individual during
208 the pendency of the divorce action, the court:
209 (a) may not order the party to pay temporary alimony to the current spouse; and
210 (b) shall terminate any order that the party pay temporary alimony to the current
211 spouse.
212 (14) (a) Subject to Subsection (14)(b), the court shall terminate an order that a party
213 pay alimony to a former spouse if the party establishes that, after the order for alimony is
214 issued, the former spouse cohabits with another individual even if the former spouse is not
215 cohabiting with the individual when the party paying alimony files the motion to terminate
216 alimony.
217 (b) A party paying alimony to a former spouse may not seek termination of alimony
218 under Subsection (14)(a), later than one year from the day on which the party knew or should
219 have known that the former spouse has cohabited with another individual.
220 The following section is affected by a coordination clause at the end of this bill.
221 Section 2. Section 30-3-5.5 is enacted to read:
222 30-3-5.5. Imputed income for recipient spouse for alimony purposes -- No recent
223 work history or disability.
224 (1) Notwithstanding the provisions of Section 30-3-5 or 78B-12-203, the court may, in
225 determining imputation of income to a recipient spouse, apply the provisions of this section if
226 the recipient spouse:
227 (a) has diminished workplace experience, that resulted from an agreement between the
228 spouses that the recipient spouse reduce their workplace experience to care for a child of the
229 payor spouse; or
230 (b) has been diagnosed with a disability that has caused a reduction in the recipient
231 spouse's workplace experience.
232 (2) If a recipient spouse meets the requirements of Subsection (1)(a) or (b), the court:
233 (a) may consider reasonable efforts made by the recipient spouse to improve their
234 employment situation and any reasonable barrier to obtaining or retaining employment;
235 (b) is not required to consider that the recipient spouse may be underemployed if the
236 recipient spouse is employed and has shown reasonable barriers to improving the recipient
237 spouse's employment;
238 (3) (a) In making an income imputation under this section, the court may use relevant
239 provisions of Section 78B-12-203, provided that the provision is not contrary to the
240 requirements of this section.
241 (b) When considering what constitutes a reasonable barrier to obtaining or retaining
242 employment, the court:
243 (i) may include in its analysis a determination of the length of time that is considered
244 by the court to be recent as relates to a recipient spouse's work history, training, or education
245 under this section;
246 (ii) may consider whether the recipient spouse:
247 (A) is fully competitive against other employment applicants whose work history,
248 training, or education is current; and
249 (B) in the case of a disability, is fully competitive against other employment applicants
250 who do not have a disability; and
251 (iii) may impute any income as it relates to employment for which the spouse is fully
252 competitive and has not shown any reasonable barriers to obtain.
253 (c) If the court imputes any income to a recipient spouse who qualifies for income
254 determination under this section, the court shall enter specific findings of fact as to the
255 evidentiary basis for imputing the income.
256 (4) (a) After a divorce decree has been entered, subject to the requirements of
257 Subsection 30-3-5(11), the court may review an income imputation to a recipient spouse under
258 this section.
259 (b) A recipient spouse's showing that barriers have prevented significant improvement
260 of the recipient spouse's employment situation, despite reasonable efforts on the part of the
261 recipient spouse to improve their employment situation, may, in the court's determination,
262 constitute a substantial material change in circumstances and eligibility to review an income
263 imputation under this section.
264 Section 3. Effective date.
265 This bill takes effect on May 1, 2024.
266 Section 4. Coordinating H.B. 220 with S.B. 95
267 If S.B. 95, Domestic Relations Recodification, and H.B. 220, Divorce Amendments,
268 both pass and become law, the Legislature intends that, on September 1, 2024:
269 (1) Section 81-4-502 enacted in S.B. 95 be amended to read:
270 "81-4-502. Determination of Alimony.
271 (1) For a proceeding under Chapter 4, Dissolution of Marriage, or in a proceeding to
272 modify alimony, the court shall consider at least the following factors in determining alimony:
273 (a) the standard of living existing during the marriage, which factors shall include the
274 following:
275 (i) income;
276 (ii) the approximate value of real and personal property;
277 (iii) any other factor that the court determines to be appropriate to enable the court to
278 make a determination of the standard of living existing during the marriage;
279 (b) the financial condition and needs of the payee, provided that the payee may show
280 financial needs by itemizing expenses present during the marriage rather than by itemizing post
281 petition expenses;
282 (c) the payee's earning capacity or ability to produce income, including the impact of
283 diminished workplace experience resulting from primarily caring for a minor child of the
284 payor;
285 (d) the ability of the payor to provide support;
286 (e) the length of the marriage;
287 (f) whether the payee has custody of a minor child requiring support;
288 (g) whether the payee worked in a business owned or operated by the payor; and
289 (h) whether the payee directly contributed to any increase in the payor's skill by paying
290 for education received by the payor or enabling the payor to attend school during the marriage.
291 (2) (a) The court may consider the fault of the parties in determining whether to award
292 alimony and the terms of the alimony.
293 (b) The court may, when fault is at issue, close the proceedings and seal the court
294 records.
295 (3) (a) Except as otherwise provided by this section, the court shall consider the
296 standard of living, existing at the time of separation, in determining alimony in accordance
297 with this section.
298 (b) In considering all relevant facts and principles, the court may, in the court's
299 discretion, base alimony on the standard of living that existed at the time of trial.
300 (4) (a) The court may attempt to equalize the parties' respective standards of living.
301 (b) (i) If a marriage has been in effect for 10 years or more, and if the payee has
302 significancy diminished workplace experience resulting from an agreement between the
303 spouses that the payee reduce the payee's workplace experience to care for a minor child of the
304 payor, it shall be the rebuttable presumption that the court equalize the parties' standard of
305 living.
306 (ii) The presumption under Subsection (4)(b)(i) can be rebutted by a showing of good
307 cause, and the court shall enter specific findings of fact as to the evidentiary basis for its
308 determination.
309 (c) This Subsection (4) may not be applied to or used as the basis to modify an alimony
310 award if the petition for divorce was filed before May 1, 2024.
311 (5) (a) If the marriage is short in duration and a minor child has not been conceived or
312 born during the marriage, the court may consider the standard of living that existed at the time
313 of the marriage.
314 (b) In determining alimony when a marriage of short duration dissolves and a minor
315 child has not been conceived or born during the marriage, the court may consider restoring
316 each party to the condition which existed at the time of the marriage.
317 (6) (a) When a marriage of long duration dissolves on the threshold of a major change
318 in the income of one of the parties due to the collective efforts of both parties, the court shall
319 consider the change when dividing the marital property and in determining the amount of
320 alimony.
321 (b) If a party's earning capacity has been greatly enhanced through the efforts of both
322 parties during the marriage, the court may make a compensating adjustment in dividing the
323 marital property and awarding alimony.
324 (7) (a) Except as provided in Subsection (7)(c), the court may not order alimony for a
325 period of time longer than the length of the marriage.
326 (b) If a party is ordered to pay temporary alimony during the pendency of a divorce
327 action, the court shall count the period of time that the party pays temporary alimony towards
328 the period of time for which the party is ordered to pay alimony.
329 (c) At any time before the termination of alimony, the court may find extenuating
330 circumstances or good cause that justify the payment of alimony for a longer period of time
331 than the length of the marriage.".
332 (2) Section 30-3-5.5 enacted in H.B. 220 be renumbered to Section 81-4-503 and be
333 amended to read:
334 "81-4-503. Imputed income for payee for alimony purposes -- No recent work
335 history or disability.
336 (1) Notwithstanding the provisions of Section 81-4-502 or 81-6-203, the court may, in
337 determining imputation of income to a payee, apply the provisions of this section if the payee:
338 (a) has diminished workplace experience, that resulted from an agreement between the
339 spouses that the payee reduce the payee's workplace experience to care for a minor child of the
340 payor; or
341 (b) has been diagnosed with a disability that has caused a reduction in the payee's
342 workplace experience.
343 (2) If a payee meets the requirements of Subsection (1)(a) or (b), the court:
344 (a) may consider reasonable efforts made by the payee to improve the payee's
345 employment situation and any reasonable barrier to obtaining or retaining employment;
346 (b) is not required to consider that the payee may be underemployed if the payee is
347 employed and has shown reasonable barriers to improving the payee's employment.
348 (3) (a) In making an income imputation under this section, the court may use relevant
349 provisions of Section 81-6-203, provided that the provision is not contrary to the requirements
350 of this section.
351 (b) When considering what constitutes a reasonable barrier to obtaining or retaining
352 employment, the court:
353 (i) may include in its analysis a determination of the length of time that is considered
354 by the court to be recent as relates to a payee's work history, training, or education under this
355 section;
356 (ii) may consider whether the payee:
357 (A) is fully competitive against other employment applicants whose work history,
358 training, or education is current; and
359 (B) in the case of a disability, is fully competitive against other employment applicants
360 who do not have a disability; and
361 (iii) may impute any income as it relates to employment for which the spouse is fully
362 competitive and has not shown any reasonable barriers to obtain.
363 (c) If the court imputes any income to a payee who qualifies for income determination
364 under this section, the court shall enter specific findings of fact as to the evidentiary basis for
365 imputing the income.
366 (4) (a) After a divorce decree has been entered, subject to the requirements of Section
367 81-4-504, the court may review an income imputation to a payee under this section.
368 (b) A payee's showing that barriers have prevented significant improvement of the
369 payee's employment situation, despite reasonable efforts on the part of the payee to improve the
370 payee's employment situation, may, in the court's determination, constitute a substantial
371 material change in circumstances and eligibility to review an income imputation under this
372 section.".
373 (3) Section 81-4-503 enacted in S.B. 95 be renumbered to Section 81-4-504;
374 (4) Section 81-4-504 enacted in S.B. 95 be renumbered to Section 81-4-505; and
375 (5) The reference in Section 81-1-204 in S.B. 95 to "Section 81-4-503" be changed to
376 "Section 81-4-504".