Utah Code 81-4-202. Petition for separate maintenance — Grounds
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(1) A married individual may bring a petition seeking separate maintenance from the married individual’s spouse if:
Terms Used In Utah Code 81-4-202
- Alimony: means financial support made to a spouse or former spouse for the support and maintenance of that spouse. See Utah Code 81-4-101
- Court: means :(2)(a) a judge; or(2)(b) a court commissioner if the court commissioner has authority to hear the matter under Section
78A-5-107 or the Utah Rules of Judicial Administration. See Utah Code 81-1-101- Property: includes both real and personal property. See Utah Code 68-3-12.5
- Respondent: means the individual against whom a petition for separate maintenance is brought. See Utah Code 81-4-201
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(1)(a) the married individual, or the married individual’s spouse, is a resident of this state; and(1)(b) the married individual’s spouse:(1)(b)(i) deserts the married individual without good and sufficient cause;(1)(b)(ii) being of sufficient ability to provide support, neglects or refuses to properly provide for and suitably maintain the married individual;(1)(b)(iii) has property within this state and deserts, neglects, or refuses to provide support to the married individual; or(1)(b)(iv) lives separate and apart from the married individual without any fault to the married individual.
(2) If a petition is filed under Subsection (1), the court shall allot, assign, set apart, and decree as alimony the use of the real and personal estate or earnings of the respondent as the court may determine is appropriate.
(3) During the pendency of the action, the court may require the respondent to pay a sum as provided in Section 81-1-203 .