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Divorce can be a complicated and emotionally-charged process. In many cases, a couple who is seeking to end their marriage is often confronted with the difficulty of communication and compromise, too of the most common reasons for divorce in general. This guide will show you what to expect with your Utah divorce and how hiring CoilLaw, LLC as your experienced Utah divorce lawyer can ensure that your legal rights are maintained and that your divorce resolves with the most favorable outcome.

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Coil Law Receives Favorable Verdict from

Utah Supreme Court

How fault can be used in divorce

After a twenty-two year marriage, a couple divorced. Before the divorce trial, they settled issues related to child custody and the distribution of their marital property. But they could not agree on the proper terms of the husbands alimony obligation to his ex-wife. After a three-day bench trial, the district court determined that the wife was entitled to alimony, but, because of her extramarital sexual affairs, the court reduced her alimony award in amount and duration.

Specifically, the district court calculated the amount of the alimony award based on the wifes expected reasonable monthly expenses, rather than on the monthly expenses she had incurred while married to her former spouse. The court also set the alimony award for a period of ten years rather than the maximum statutory length of twenty-two years. The district court stated that it was making these reductions because it did not believe it would be fair, where the wifes conduct had substantially contributed to the demise of the marital relationship, to obligate the husband to maintain her at the standard of living she enjoyed during the marriage.

The wife then appealed the terms of the alimony award, arguing the district court erred in the following respects: (1) in determining that her infidelities substantially contributed to the end of the marriage; (2) in setting the specific terms of the alimony award; (3) in imputing income to her at an “arbitrary amount”; (4) in failing to consider the tax burden of the alimony award; and (5) in denying her request for attorney fees.

According to the Utah Supreme Court, because none of the alleged errors constituted an abuse of the district court’s discretion or were plainly incorrect, the district court’s alimony determination was affirmed on all counts.

Read the Full Case Results