Under What Circumstances May Alimony Be Terminated?
Typically, alimony is terminated when (a) one party dies, (b) the recipient of alimony remarries or (c) the court finds the alimony recipient is “cohabiting” with another partner. Alimony may also terminate if (d) the parties so agree and file the agreement with the court. In some circumstances, the court may terminate alimony if € there has been a very significant change in circumstances to the relative financial positions of the parties. For a discussion regarding termination of alimony due to a significant and material change in circumstances, also see the second part of this article relating to modification of alimony awards.
If My Ex-Spouse Remarries, Is Termination Of Alimony Automatic And Immediate In Utah?
Yes. The death of either party or a remarriage of the alimony recipient will cause alimony to terminate automatically. Generally, no petition or court order is required. Also, if the alimony recipient is cohabiting with another partner and is truthful about that fact, alimony may terminate without the necessity of a court order.
The one exception is if the Utah Office of Recovery Services (ORS) is collecting the alimony. The ORS may insist upon alimony being formally terminated by a court order. Such a court order is easy to obtain so long as the cohabiting alimony recipient is truthful and admits to the cohabitation.
For more information on Alimony in Utah, an initial consultation is your next best step. Contact Us online or call us to arrange a consultation at (801) 616-3301 today.