utahdivorceattorneyJanuary 28, 2021
Does alimony increase if my spouse had an affair?
While every case is different, the short answer to your question is: Yes. You may be eligible for more alimony if your spouse had an affair.
In 2019, the Supreme Court of Utah agreed with Read & Read when we argued before them in the case of Gardner vs. Gardner, on the issue of fault and alimony. The Supreme Court of Utah, also, agreed with our attorneys that adultery and other considerations should impact the amount of spousal support paid each month.
The purpose of spousal support, also commonly referred to as alimony, is to enable the spouse receiving financial support to maintain the same standard of living they had during the marriage. In addition to preventing them from becoming a discharge of the state, in the event they are suddenly unable to afford the home they live in and other bills after the divorce.
In the state of Utah there is no set formula to determine how much support to award. Instead, Utah courts must consider a number of factors when awarding funds. These factors often include; financial conditions and need of the recipient, and the recipient’s ability to earn income.
Ensuring you have legal representation able to properly communicate your needs with the court is essential. Especially if you have a case with unique circumstances, such as; seeking more alimony in the event of an affair/infidelity.
Don’t navigate your divorce alone, let us help ensure you have what you need to thrive in your next chapter. Schedule your free 30 minute consultation today!