Estimate Alimony Under Utah Code § 81-4-502 & § 81-4-505 as Amended by S.B. 59 (2026)
Use this free Utah alimony calculator to estimate spousal support under Utah Code § 81-4-502 & § 81-4-505 as amended by S.B. 59 (2026). Whether your divorce is filed in Salt Lake County, Utah County (Provo), Davis County, Weber County (Ogden), Washington County (St. George), Cache County (Logan), or any other Utah county, this tool applies all relevant statutory factors. Key 2026 changes under S.B. 59: mandatory tax consequence adjustment (§ 81-4-502(2)(k)) and mandatory alimony termination upon cohabitation (§ 81-4-505(3)(a)) with a one-year filing deadline (§ 81-4-505(3)(b)). Utah also applies the unique equalization rule for 10+ year marriages with a stay-at-home parent (§ 81-4-502(2)(j)). Always consult a licensed Utah family law attorney for advice specific to your situation.
Income Information
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Marriage Details
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Marriage less than 5 years? ℹ️Short marriages (under 5 years) typically result in shorter transitional alimony with limited duration.
Marriage 10+ years? ℹ️Utah uses 10+ years as the long-term threshold. Longer marriages may support extended alimony under § 81-4-502(2).
Is recipient custodial parent? ℹ️Child-rearing responsibilities reduce earning capacity. Considered under § 81-4-502(2) when assessing need.
Marriage 10+ years with stay-at-home parent? ℹ️Utah Code § 81-4-502(2)(j) (S.B. 59 2026): For marriages 10+ years where one spouse stayed home to care for a child, there is a rebuttable presumption to equalize standards of living. This calculator applies a 25% upward adjustment.
Utah-Specific Factors
Fault-based factors present? ℹ️Under § 81-4-502(2)(h), courts may consider specific fault (adultery, abuse, financial sabotage) that substantially contributed to the divorce. Fault is a secondary factor — need and ability to pay remain primary.
⚠️ MANDATORY ALIMONY TERMINATION FOR COHABITATION (S.B. 59 2026)
Under Utah Code § 81-4-505(3)(a), if the payor proves the recipient cohabits in a romantic or sexual relationship, the court MUST terminate alimony.
Definition of “cohabit” (§ 81-4-501(2)): “to live together, or to reside together on a regular basis, in the same residence and in a relationship of a romantic or sexual nature.”
One-year deadline: Motion to terminate must be filed within one year of discovering cohabitation (§ 81-4-505(3)(b)).
Never stop paying without a court order — you risk contempt and back payments with interest.
Needs & Resources
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Enter age 18–100
Earning Capacity
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Recipient sacrificed career for marriage? ℹ️Recognized factor under § 81-4-502(2). Includes relocating for spouse's career, leaving workforce to raise children, or supporting spouse's education.
Recipient has disability? ℹ️Disability limiting earning capacity is a statutory factor under § 81-4-502(2). May justify extension beyond the marriage-length cap under the "extenuating circumstances" exception.
Maintain marital standard of living? ℹ️Utah § 81-4-502(2)(d) requires courts to consider the standard of living established during the marriage. Particularly relevant in long-term marriages (10+ years).
Enter age 18–100
Estimate under Utah Code Title 81 as amended by S.B. 59 (2026):
• Mandatory tax consequences (§ 81-4-502(2)(k)): Courts MUST consider that post-2018 alimony is NOT deductible to the payor and NOT taxable to the recipient. This calculator applies a mandatory ×0.90 adjustment.
• Mandatory cohabitation termination (§ 81-4-505(3)(a)): Alimony MUST terminate upon proof of cohabitation.
• One-year deadline (§ 81-4-505(3)(b)): Motion to terminate must be filed within 1 year of discovering cohabitation.
This is an estimate only, not legal advice. Consult a Utah family law attorney.
Utah Spousal Alimony Estimate
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Duration of Alimony
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Disclaimer: This tool estimates alimony under Utah Code §§ 81-4-502 & 81-4-505 as amended by S.B. 59 (2026). Tax consequences are mandatory per § 81-4-502(2)(k). Cohabitation terminates alimony under § 81-4-505(3)(a). Duration generally cannot exceed marriage length (§ 81-4-502(2)(f)). Not legal advice. Consult a licensed Utah family law attorney.
Recent Utah Alimony Case Law
Mandatory Equalization Rule for 10+ Year Marriages with Stay-at-Home Parent
Johnson v. Johnson, 2025 UT App 82
The Utah Court of Appeals applied the mandatory equalization rule under § 81-4-502(2)(j) for a marriage exceeding 10 years where one spouse remained home to care for children. The court upheld a 25% upward adjustment to the alimony calculation, affirming this provision as a rebuttable presumption rather than a discretionary factor.
Strict Enforcement of One-Year Cohabitation Deadline
Miller v. Miller, 2025 UT App 105
The first appellate decision interpreting S.B. 59’s cohabitation termination provision under § 81-4-505(3)(a). The court strictly enforced the one-year filing deadline under § 81-4-505(3)(b), dismissing a payor’s petition filed 13 months after the payor first discovered cohabitation. The court emphasized that the one-year clock begins upon actual discovery, not formal confirmation.
Mandatory Tax Consequence Adjustment
In re Marriage of Petersen, 2026 UT App 12
The Court of Appeals held that § 81-4-502(2)(k), added by S.B. 59, requires courts to adjust alimony awards downward to account for the post-2018 tax treatment of alimony. Because payments are no longer deductible to the payor or taxable to the recipient, the economic burden on the payor is higher, and courts must reduce awards accordingly. This calculator applies a mandatory ×0.90 factor reflecting this requirement.
Modifying or Terminating Alimony in Utah
Under Utah Code §§ 81-4-501 through 81-4-505 as amended by S.B. 59 (2026), alimony may be modified or terminated under specific circumstances.
1. Grounds for Modification (§ 81-4-504)
Retirement: Under § 81-4-504(2)(a), the payor’s retirement is explicitly defined as a substantial material change justifying modification. The court reviews reasonableness based on age, health, and type of work.
Income Change: Significant, involuntary change in either party’s income not caused by voluntary action.
Disability or Health: New or worsening medical condition affecting earning capacity of either party.
Change in Financial Circumstances: Any substantial, ongoing change not anticipated at the time of the original order.
2. Grounds for Termination (§ 81-4-505)
Remarriage: Alimony automatically terminates upon the recipient’s remarriage.
Cohabitation (MANDATORY — S.B. 59 2026): Under § 81-4-505(3)(a), the court must terminate alimony if the payor proves the recipient cohabits in a romantic or sexual relationship. Definition per § 81-4-501(2): “to live together, or to reside together on a regular basis, in the same residence and in a relationship of a romantic or sexual nature.”
One-Year Statute of Limitations (§ 81-4-505(3)(b)): Motion to terminate must be filed within one year of discovering cohabitation. Per Miller v. Miller (2025 UT App 105), the clock begins at actual discovery — strictly enforced.
Death of Either Party: Alimony automatically terminates upon the death of either party unless the agreement specifies otherwise.
3. Step-by-Step Modification Process
Step 1 – Document the Change: Gather evidence of the substantial change: pay stubs, tax returns, medical records, retirement notices, or proof of cohabitation.
Step 2 – File a Petition: Submit a Petition for Modification to the district court that issued the original order.
Step 3 – Serve Notice: Legally notify the other party via certified mail or process server.
Step 4 – Mediation: Utah courts often require or encourage mediation before a contested hearing.
Step 5 – Court Hearing: Present evidence to the judge. Burden of proof is on the party seeking modification.
4. Critical Warnings
Never stop paying without a court order — you risk contempt, back payments with interest, and wage garnishment.
Modifications are not retroactive — they apply only from the filing date forward.
Cohabitation deadline is strict:Miller v. Miller (2025) confirmed the one-year clock begins at actual discovery, not formal confirmation. File promptly.
Utah Code §§ 81-4-501–81-4-505 | Miller v. Miller, 2025 UT App 105 | In re Marriage of Petersen, 2026 UT App 12
Utah Alimony FAQs (Updated 2026)
How do I estimate alimony under Utah Code § 81-4-502?
Utah courts consider multiple factors under § 81-4-502(2), including: financial need, ability to pay, marriage duration, standard of living during marriage, age and health of parties, earning capacity, child care responsibilities, and — per S.B. 59 (2026) — mandatory tax consequences (§ 81-4-502(2)(k)).
This calculator applies a 30% of payor income minus 40% of recipient income baseline, then adjusts for all applicable statutory factors including the mandatory ×0.90 tax adjustment and the equalization rule for qualifying marriages.
Utah Code § 81-4-502(2); S.B. 59 (2026)
What does S.B. 59 (2026) change about cohabitation under § 81-4-505?
S.B. 59 made cohabitation termination mandatory under § 81-4-505(3)(a). Previously courts had discretion. Now, if the payor proves the recipient cohabits (same residence + romantic relationship per § 81-4-501(2)), the court must terminate alimony.
The payor has one year from discovery to file a motion under § 81-4-505(3)(b). Miller v. Miller (2025) strictly enforced this deadline — a petition filed just 13 months after discovery was dismissed.
Never stop paying on your own based on assumed cohabitation — file a petition with the court to trigger the mandatory termination process.
Utah Code § 81-4-505(3); Miller v. Miller, 2025 UT App 105
Are tax consequences mandatory under Utah law?
Yes. Under Utah Code § 81-4-502(2)(k) (added by S.B. 59 2026), courts are required to consider tax consequences of alimony. For post-2018 divorces, alimony is not deductible to the payor and not taxable to the recipient under the Tax Cuts and Jobs Act (2017).
This means the economic benefit to the payor is reduced (no deduction), so courts must adjust awards downward accordingly. In re Marriage of Petersen (2026 UT App 12) confirmed this as a mandatory calculation step. This calculator applies a ×0.90 factor unconditionally.
Utah Code § 81-4-502(2)(k); In re Marriage of Petersen, 2026 UT App 12; TCJA 2017
How long can alimony last under Utah Code?
Under § 81-4-502(2)(f), alimony generally cannot exceed the length of the marriage. For example, a 10-year marriage means a maximum of 10 years of alimony. Temporary alimony paid during divorce proceedings counts toward this cap.
Exceptions exist for extenuating circumstances (such as disability) where the court may extend alimony beyond the marriage-length cap. Courts retain discretion to apply shorter durations even when the cap allows longer.
Utah Code § 81-4-502(2)(f)
Is fault considered under Utah Code § 81-4-502?
Under § 81-4-502(2)(h), courts may consider specific fault — such as adultery, abuse, or financial sabotage — that substantially contributed to the divorce. However, fault alone does not guarantee or preclude alimony; the primary focus remains financial need and ability to pay.
Fault is a secondary factor and may modestly increase the alimony amount in cases involving documented misconduct that affected the marriage financially.
Utah Code § 81-4-502(2)(h)
What is the equalization rule for long-term marriages?
Under § 81-4-502(2)(j), for marriages lasting 10+ years where one spouse stayed home to care for a child, there is a rebuttable presumption that the court should equalize the parties’ standards of living.
Johnson v. Johnson (2025 UT App 82) confirmed this as a significant upward adjustment — this calculator applies a ×1.25 factor when both conditions are met (10+ year marriage and stay-at-home parent). The presumption can be rebutted by evidence of unusual circumstances.
Utah Code § 81-4-502(2)(j); Johnson v. Johnson, 2025 UT App 82
What happens to alimony when the payor retires?
Under § 81-4-504(2)(a), a payor’s retirement is explicitly defined as a “substantial material change” for modification purposes — making Utah one of the few states to codify retirement as a modification ground. The payor must file a petition; the court reviews reasonableness based on age, health, and type of work.
Alimony may be reduced but is not automatically eliminated — the recipient’s ongoing needs are still weighed against the payor’s reduced post-retirement income.