SPOUSAL SUPPORT AWARDS IN UTAH: AN ALTERNATIVE APPROACH

Abstract

Based on the most recently published statistics from the National Center for Health Statistics, the rates of marriage and divorce per 1,000 people in the United States is 3.4 and 6.8 respectively. While making predictions about future rates is inherently difficult, assuming the current rates continue over time it is estimated that about 50 percent of all marriages will end in divorce. By any measure, divorce impacts hundreds of thousands of people each year. Alimony is a point of issue in many divorces and generally, courts have broad judicial discretion to determine the amount and duration of spousal support awards. This Note advocates moving away from broad judicial discretion and moving toward a statutorily-based formulaic approach that still allows a reasonable amount of judicial discretion in extraordinarily unique cases. Part I explains how broad judicial discretion can cause judicial inefficiencies. Part II discusses the American Academy of Matrimonial Lawyers' (AAML) recommended formulaic approach to spousal support. Part III discusses the common arguments for and against broad judicial discretion with respect to spousal support. Part IV advocates the AAML's formulaic approach to spousal support as an effective way to balance the interests of all parties. Finally, Part V advocates the Utah Legislature merging the AAML's formulaic approach into Utah's current spousal support statute.