The primary function of alimony (also known as spousal support) in Utah is economic. Yet guidance on how to calculate alimony remains illusive. This is in stark contrast to the voluminous statutory guidance and case law governing child support. Indeed, there is no alimony calculator like there is a child support calculator, nor is there any formula to guide a calculation. As such, asking for and getting alimony can be tricky and, ironically, expensive.

Utah Code Ann. § 30-3-5(8)(a) (i)-(vi) lists seven (7) factors the court shall consider “at least,” in determining alimony. These factors are known as the "Jones" factors because they were first identified in the seminal case of Jones v. Jones:

1. the financial condition and needs of the recipient spouse;
2. the recipient spouse’s earning capacity or ability to produce income, including the impact of diminished workplace experience resulting from primarily caring for a child of the payor spouse;
3. the ability of the payor spouse to provide support;
4. the length of the marriage;
5. whether the recipient spouse has custody of minor children requiring support;
6. whether the recipient spouse worked in a business owned or operated by the payor spouse; and
7. whether the recipient spouse directly contributed to any increase in the payor spouse’s skill by paying for education received by the payor spouse or enabling the payor spouse to attend school during the marriage.

The purpose of alimony is to allow the recipient spouse to maintain his or her same standard of living (or as close to that as possible) that was established during the marriage.

​Utah courts retain continuing jurisdiction to “make subsequent changes or new orders” regarding alimony. Furthermore, alimony is subject to termination if either party dies, if the recipient spouse remarries or cohabits with another in a marriage-like relationship. If you learn your ex-spouse is cohabiting with another, terminating alimony is not automatic. You must have the matter legally determined in court.

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