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Cohabitation in Utah

Alimony and Cohabitation in Utah

When couples in Utah divorce, the courts may order one spouse to support the other by providing alimony. This alimony may be in the form of payment or property. The amount of alimony provided will depend on the former spouse’s financial needs, length of the marriage, childcare responsibility, and any other factors that the courts may consider relevant. 

Instead of marriage, a couple may decide to cohabitate. According to Utah law, a couple is cohabitating when they are sharing a relationship, engaging in sexual relations, and are retaining a relationship similar to that of marriage. If a cohabitating couple were to separate, they could potentially petition for their relationship to be considered a marriage in order to divorce and split up property, child custody, and other such matters. 

Utah law (UC Section 30-3-5(10)) states that “Any order of the court that a party pay alimony to a former spouse terminates upon establishment by the party paying alimony that the former spouse is cohabitating with another person.” Thus, an ex-spouse may file a motion to terminate alimony if it can be proven that the former spouse is cohabitating with another person. An ex-spouse needs to find as much evidence as possible to prove that the alimony payee is cohabitating. 

Do you or someone you know need help gathering evidence to terminate alimony? We can help! Give us a call at 801-739-7039.


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