View Our Practice Areas

Utah lawmaker wants to end alimony for cheating spouses

If some Utah state representatives get their way, it may become much more difficult for a divorcing spouse to be awarded alimony in court if he or she had an affair during the marriage. They have proposed a bill that would allow judges to decide whether infidelity was to blame for causing the divorce when considering an alimony request. Besides restricting spousal support, this bill could have implications about Utah's no-fault divorce status if passed.

The proposed bill is titled Alimony Amendments. It would allow judges to make fault for the divorce a factor when weighing whether to grant alimony to one spouse. "Fault" is defined as "wrongful conduct during the marriage that substantially contributed to the breakup of the marriage relationship." Among the "wrongful conduct" specifically included in the bill is attempting or threatening physical harm to the spouse or their children and having an affair.

An article about the bill suggests that the bill's backers consider people who have an affair to have purposely sabotaged their marriage. For that spouse to then ask for alimony in the divorce is unfair, the lawmakers contend.

Like virtually every other state, Utah has no-fault divorce, which means that neither spouse has to provide a justification for the divorce as people had to do in previous centuries. If passed, this bill would seem to reintroduce the idea of fault into the divorce process. While it would not directly affect the ability to get divorced, it would present a principle into the process beyond whether spousal support is financially justified.

What do readers think? Is this bill a good idea?

Source: Deseret News, "Utah lawmakers take stand against unfaithful marriages with alimony proposals," Wendy Leonard, Oct. 17, 2012

No Comments

Leave a comment
Comment Information


  • I can’t speak highly enough of Kris and his team. I was always kept informed and educated on my options and potential outcomes. Kris was so professional and helped me feel at ease through a very difficult and emotional process. His expertise is second to none and you truly feel as though you’re in the best hands. Thanks for everything Kris, I consider you a great friend!Read more...

    — Tyler H.
  • Rand Lunceford was my attorney and he did a great job for me. Was always very quick to return phone calls and texts. Gave me court reminders the day before. And did a great job. when it was all said and done I was extremely impressed with Mr. Lunceford and their firm. Read more...

    — Brittany U.
  • Brian attended mediation with us today and he was a rockstar. He was very knowledgeable and thorough. I don't know what we would have done without his well-informed counsel and the way he stood up for us. He maintained a calm and authoritative demeanor, even in the presence of the 4 other attorneys on the other "sides". We will be recommending him to anyone who needs a family law attorney, and we'll be choosing him if we ever need one again! Read more...

    — Tawny A.

Speak with an experienced lawyer.

If you need help with a divorce, family law issue, DUI or criminal defense, complex civil litigation, or real estate matter, we are here for you. To schedule an appointment with one of our dedicated attorneys call us at (801) 475-8800.

Email Us For A Response

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Office Locations

Ogden Office
195 25th Street
Suite 304
Ogden, UT 84401

Phone: 801-475-8800
Fax: 801-475-9800
Map to Ogden Office

Park City Office
136 Heber Avenue
Suite 205
Park City, UT 84060

Phone: 435-655-3680
Map to Park City Office

Lehi Office
3450 N. Triumph Blvd.
Suite 102-161
Lehi, UT 84043

Phone: 801-753-5650
Map to Lehi Office

Salt Lake City Office
299 South Main
Suite 1300
Salt Lake City, UT 84111

Phone: 801-317-8968
Phone: 801-534-4410
Map to Salt Lake City Office