Utah Code 81-4-505. Termination of alimony
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(1)
Terms Used In Utah Code 81-4-505
- 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- Payee: means the party who is or would receive alimony from the other party. See Utah Code 81-4-501
- Payor: means the party who is paying, or would pay, alimony to the other party. See Utah Code 81-4-501
- Temporary alimony: means money that the court orders a party to pay during the pendency of an action under this chapter for the support and maintenance of a party as described in Subsection
81-1-203 (4). See Utah Code 81-4-501(1)(a) Except as provided in Subsection (1)(b), or unless a decree of divorce specifically provides otherwise, any order of the court that a payor pay alimony to a payee automatically terminates upon the remarriage or death of that payee.(1)(b) If the remarriage of the payee is annulled and found to be void ab initio, the payment of alimony shall resume if the payor is made a party to the action of annulment and the payor’s rights are determined.
(2) If a payor establishes that a payee cohabits with another individual during the pendency of the divorce action, the court:
(2)(a) may not order the payor to pay temporary alimony to the payee; and
(2)(b) shall terminate any order that the payor pay temporary alimony to the payee.
(3)
(3)(a) Subject to Subsection (3)(b), the court shall terminate an order that a payor pay alimony to a payee if the payor establishes that, after the order for alimony is issued, the payee cohabits with another individual even if the payee is not cohabiting with the individual when the payor files the motion to terminate alimony.
(3)(b) A payor may not seek termination of alimony under Subsection (3)(a) later than one year after the day on which the payor knew or should have known that the payee has cohabited with another individual.