When someone is facing a divorce in Utah, understanding how changes in the law might affect spousal support is essential. At Hanks and Peterson, a trusted divorce attorney in Utah, families get clear, practical guidance through every step of the family law process. With the recent overhaul of Utah’s domestic relations code under Title 81, spousal support — commonly called alimony — has changed in important ways that could impact you and your family.
What Is Title 81 and Why Does It Matter?
In 2024, Utah recodified its family law statutes, moving former divorce and alimony provisions into a newly structured Title 81 of the Utah Code. This rewrite was more than clerical — it gave judges clearer authority and updated factors they must consider when awarding spousal support.
For anyone navigating divorce, staying ahead of these changes can make a big difference in financial outcomes. A divorce attorney in Utah who knows the Title 81 framework can explain how the law applies to a person’s unique situation and what it means for future alimony decisions.
Ongoing Jurisdiction to Modify Alimony
A key part of the Title 81 changes is how courts handle modifications after a divorce decree is final. Under Section 81-4-504, courts now have continuing jurisdiction to change alimony when a substantial and material shift in circumstances occurs — such as retirement — unless the decree says otherwise.
That means even after a divorce is final, alimony isn’t always set in stone. If one spouse retires, experiences a job loss, or faces other major life changes, a judge may adjust support orders in light of those developments.
Clear Rules About New Spouses and Alimony
Title 81 also clarifies how subsequent spouses affect alimony modifications. In general, the income of a new spouse can’t be counted against the payor when changing alimony amounts. There are only limited exceptions — for example, if the new spouse’s income is directly shared with the support recipient, or if the payor’s improper conduct justifies consideration of that income.
This protects both parties by keeping the focus on the financial realities between the original spouses, rather than introducing a new spouse’s earnings into the legal mix.
How Alimony Is Determined Under the New Code
The Title 81 overhaul didn’t just change alimony modification — it also refined how courts make initial alimony decisions. Judges now follow a structured checklist of factors that includes:
- The standard of living during the marriage,
- Each spouse’s financial condition and needs,
- Earning capacity and employment potential,
- Length of the marriage, and
- Family contributions, including caregiving roles.
These factors give courts a more predictable, fair framework for deciding both the amount and duration of spousal support. In many cases, they aim to equalize the economic effects of divorce by looking at how the marriage shaped each spouse’s future earning potential.
What This Means for You
If you are contemplating divorce or seeking to modify an existing order, the Title 81 changes make working with an experienced divorce attorney in Utah more important than ever. Laws are evolving, and what applied last year might look different today.
A lawyer who understands family law and Title 81 can help you:
- Prepare for hearings with solid evidence,
- Evaluate whether your circumstances merit a change in support,
- Advocate for a fair outcome based on Utah’s current legal standards.
Partner With a Trusted Divorce Attorney in Utah
Alimony affects your financial future. Changes under Title 81 have reshaped the way Utah courts view spousal support, both at the time of divorce and afterward. Whether you’re seeking alimony or facing new support obligations, you deserve knowledgeable representation that keeps your goals front and center.
Contact Hanks and Peterson today to speak with a dedicated divorce attorney in Utah who understands how these laws impact real-world outcomes. Get the confidence and clarity you need to move forward — call now!
