Bill Summary – FastDemocracy

LEGISLATIVE GENERAL COUNSEL                                            H.B. 220
Approved for Filing: E.N. Weeks 6                          5th Sub. (Salmon)
          6 02-27-24 2:48 PM 6
                          Senator Todd D. Weiler proposes the following substitute bill:
                                   DIVORCE AMENDMENTS
                                       2024 GENERAL SESSION
                                            STATE OF UTAH
                               Chief Sponsor: Jordan D. Teuscher
                                Senate Sponsor: Michael K. McKell
 6
 LONG TITLE
 General Description:
        This bill modifies provisions related to alimony determinations.
 Highlighted Provisions:
        This bill:
        < adds factors to be considered when determining the standard of living that existed
 during a marriage;
        < requires a look-back period for information provided to demonstrate the financial
 conditions and needs of a spouse seeking to be awarded alimony;
        < places restrictions on when a court can reduce a showing of need related to alimony;
        < provides means for demonstrating income and the standard of living during a
 marriage;
        < modifies provisions related to when a court may elect to equalize income between
 parties by means of an alimony award; and                                                       5th Sub. H.B. 220
        < provides potential limitations on imputation of income for alimony purposes in
 some circumstances where the recipient spouse has no recent full-time work history
 or has been diagnosed with a disability.
 Money Appropriated in this Bill:
        None
     *HB0220S05*
       5th Sub. (Salmon) H.B. 220                                                    02-27-24 2:48 PM
 Other Special Clauses:
          This bill provides a coordination clause.
 Utah Code Sections Affected:
 AMENDS:
          30-3-5, as last amended by Laws of Utah 2023, Chapters 327, 418
 ENACTS:
          30-3-5.5, Utah Code Annotated 1953
 Utah Code Sections Affected By Coordination Clause:
          30-3-5.5, Utah Code Annotated 1953
          81-1-204, Utah Code Annotated 1953
          81-4-502, Utah Code Annotated 1953
          81-4-503, Utah Code Annotated 1953
          81-4-504, Utah Code Annotated 1953
39
 Be it enacted by the Legislature of the state of Utah:
          Section 1. Section 30-3-5 is amended to read:
          30-3-5. Disposition of property -- Maintenance and health care of parties and
 children -- Division of debts -- Court to have continuing jurisdiction -- Custody and
 parent-time -- Alimony -- Nonmeritorious petition for modification.
          (1) (a) (i) (A) (I) As used in this section:
          [(a)] (Aa) "Cohabit" means 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.
          [(b)] (Bb) "Fault" means any of the following wrongful conduct during the marriage
 that substantially contributed to the breakup of the marriage:
          [(i)] (Ii) engaging in sexual relations with an individual other than the party's spouse;
          [(ii)] (IIii) knowingly and intentionally causing or attempting to cause physical harm to
 the other party or a child;
          [(iii)] (IIIiii) knowingly and intentionally causing the other party or a child to
 reasonably fear life-threatening harm; or
          [(iv)] (IViv) substantially undermining the financial stability of the other party or the
 child.
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       02-27-24 2:48 PM                                                  5th Sub. (Salmon) H.B. 220
         [(c)] (Cc) "Length of the marriage" means, for purposes of alimony, the number of
 years from the day on which the parties are legally married to the day on which the petition for
 divorce is filed with the court.
         (2) When a decree of divorce is rendered, the court may include in the decree of
 divorce equitable orders relating to the children, property, debts or obligations, and parties.
         (3) The court shall include the following in every decree of divorce:
         (a) an order assigning responsibility for the payment of reasonable and necessary
 medical and dental expenses of a dependent child, including responsibility for health insurance
 out-of-pocket expenses such as co-payments, co-insurance, and deductibles;
         (b) (i) if coverage is or becomes available at a reasonable cost, an order requiring the
 purchase and maintenance of appropriate health, hospital, and dental care insurance for a
 dependent child; and
         (ii) a designation of which health, hospital, or dental insurance plan is primary and
 which health, hospital, or dental insurance plan is secondary in accordance with Section
 30-3-5.4 that will take effect if at any time a dependent child is covered by both parents' health,
 hospital, or dental insurance plans;
         (c) in accordance with Section 15-4-6.5:
         (i) an order specifying which party is responsible for the payment of joint debts,
 obligations, or liabilities of the parties contracted or incurred during marriage;
         (ii) an order requiring the parties to notify respective creditors or obligees, regarding
 the court's division of debts, obligations, or liabilities and regarding the parties' separate,
 current addresses; and
         (iii) provisions for the enforcement of these orders;
         (d) provisions for income withholding in accordance with Title 26B, Chapter 9,
 Recovery Services and Administration of Child Support; and
         (e) if either party owns a life insurance policy or an annuity contract, an
 acknowledgment by the court that the owner:
         (i) has reviewed and updated, where appropriate, the list of beneficiaries;
         (ii) has affirmed that those listed as beneficiaries are in fact the intended beneficiaries
 after the divorce becomes final; and
         (iii) understands that if no changes are made to the policy or contract, the beneficiaries
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        5th Sub. (Salmon) H.B. 220                                                   02-27-24 2:48 PM
 currently listed will receive any funds paid by the insurance company under the terms of the
 policy or contract.
          (4) (a) The court may include, in an order determining child support, an order assigning
 financial responsibility for all or a portion of child care expenses incurred on behalf of a
 dependent child, necessitated by the employment or training of the custodial parent.
          (b) If the court determines that the circumstances are appropriate and that the
 dependent child would be adequately cared for, the court may include an order allowing the
 noncustodial parent to provide child care for the dependent child, necessitated by the
 employment or training of the custodial parent.
          (5) The court has continuing jurisdiction to make subsequent changes or new orders for
 the custody of a child and the child's support, maintenance, health, and dental care, and for
 distribution of the property and obligations for debts as is reasonable and necessary.
          (6) Child support, custody, visitation, and other matters related to a child born to the
 parents after entry of the decree of divorce may be added to the decree by modification.
          (7) (a) In determining parent-time rights of parents and visitation rights of grandparents
 and other members of the immediate family, the court shall consider the best interest of the
 child.
          (b) Upon a specific finding by the court of the need for peace officer enforcement, the
 court may include in an order establishing a parent-time or visitation schedule a provision,
 among other things, authorizing any peace officer to enforce a court-ordered parent-time or
 visitation schedule entered under this chapter.
          (8) If a petition for modification of child custody or parent-time provisions of a court
 order is made and denied, the court shall order the petitioner to pay the reasonable attorney fees
 expended by the prevailing party in that action, if the court determines that the petition was
 without merit and not asserted or defended against in good faith.
          (9) If a motion or petition alleges noncompliance with a parent-time order by a parent,
 or a visitation order by a grandparent or other member of the immediate family where a
 visitation or parent-time right has been previously granted by the court, the court:
          (a) may award to the prevailing party:
          (i) actual attorney fees incurred;
          (ii) the costs incurred by the prevailing party because of the other party's failure to
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        02-27-24 2:48 PM                                                 5th Sub. (Salmon) H.B. 220
 provide or exercise court-ordered visitation or parent-time, which may include:
         (A) court costs;
         (B) child care expenses;
         (C) transportation expenses actually incurred;
         (D) lost wages, if ascertainable; or
         (E) counseling for a child or parent if ordered or approved by the court; or
         (iii) any other appropriate equitable remedy; and
         (b) shall award reasonable make-up parent-time to the prevailing party, unless make-up
 parent-time is not in the best interest of the child.
         (10) (a) The court shall consider at least the following factors in determining alimony:
         (i) the standard of living existing during the marriage, which factors shall include the
 following:
         (A) income;
         (B) the approximate value of real and personal property;
         (C) other benefits; and
         (D) any other factor that the court determines to be appropriate to enable the court to
 make a determination of the standard of living existing during the marriage;
         (ii) the financial condition and needs of the recipient spouse, provided that the court
 shall permit the recipient spouse to show need by itemizing expenses present during the
 marriage rather than by itemizing post petition expenses;
         [(ii)] (iii) the recipient's earning capacity or ability to produce income, including the
 impact of diminished workplace experience resulting from primarily caring for a child of the
 payor spouse;
         [(iii)] (iv) the ability of the payor spouse to provide support;
         [(iv)] (v) the length of the marriage;
         [(v)] (vi) whether the recipient spouse has custody of a minor child requiring support;
         [(vi)] (vii) whether the recipient spouse worked in a business owned or operated by the
 payor spouse; and
         [(vii)] (viii) whether the recipient spouse directly contributed to any increase in the
 payor spouse's skill by paying for education received by the payor spouse or enabling the payor
 spouse to attend school during the marriage.
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        5th Sub. (Salmon) H.B. 220                                                   02-27-24 2:48 PM
        (b) The court may consider the fault of the parties in determining whether to award
 alimony and the terms of the alimony.
        (c) The court may, when fault is at issue, close the proceedings and seal the court
 records.
        (d) As a general rule, the court should look to the standard of living, existing at the
 time of separation, in determining alimony in accordance with Subsection (10)(a). However,
 the court shall consider all relevant facts and equitable principles and may, in the court's
 discretion, base alimony on the standard of living that existed at the time of trial. In marriages
 of short duration, when no child has been conceived or born during the marriage, the court may
 consider the standard of living that existed at the time of the marriage.
        (e) (i) (A) The court may[, under appropriate circumstances,] attempt to equalize the
 parties' respective standards of living even if the payor spouse has the ability to meet the needs
 of the recipient spouse.
        (B) In attempting to equalize the parties' respective standards of living, the court may
 equalize the incomes of the parties as well as divide property or order the sale of property.
        (C) If a marriage has been in effect for 10 years or more, and if the recipient spouse has
 significantly diminished workplace experience resulting from an agreement between the
 spouses that the recipient spouse reduce their workplace experience to care for a child of the
 payor spouse, it shall be the rebuttable presumption that the court equalize the parties' standard
 of living. This presumption can be rebutted by a showing of good cause, and the court shall
 enter specific findings of fact as to the evidentiary basis for its determination.
        (ii) Subsection 10(e)(i) may not be applied to or used as the basis to modify an alimony
 award if the petition for divorce was filed before May 1, 2024.
        (f) When a marriage of long duration dissolves on the threshold of a major change in
 the income of one of the spouses due to the collective efforts of both, that change shall be
 considered in dividing the marital property and in determining the amount of alimony. If one
 spouse's earning capacity has been greatly enhanced through the efforts of both spouses during
 the marriage, the court may make a compensating adjustment in dividing the marital property
 and awarding alimony.
        (g) In determining alimony when a marriage of short duration dissolves, and no child
 has been conceived or born during the marriage, the court may consider restoring each party to
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        02-27-24 2:48 PM                                                 5th Sub. (Salmon) H.B. 220
 the condition which existed at the time of the marriage.
           (11) (a) The court has continuing jurisdiction to make substantive changes and new
 orders regarding alimony based on a substantial material change in circumstances not expressly
 stated in the divorce decree or in the findings that the court entered at the time of the divorce
 decree.
           (b) A party's retirement is a substantial material change in circumstances that is subject
 to a petition to modify alimony, unless the divorce decree, or the findings that the court entered
 at the time of the divorce decree, expressly states otherwise.
           (c) The court may not modify alimony or issue a new order for alimony to address
 needs of the recipient that did not exist at the time the decree was entered, unless the court
 finds extenuating circumstances that justify that action.
           (d) (i) In determining alimony, the income of any subsequent spouse of the payor may
 not be considered, except as provided in Subsection (10) or this Subsection (11).
           (ii) The court may consider the subsequent spouse's financial ability to share living
 expenses.
           (iii) The court may consider the income of a subsequent spouse if the court finds that
 the payor's improper conduct justifies that consideration.
           (e) (i) Except as provided in Subsection (11)(e)(iii), the court may not order alimony
 for a period of time longer than the length of the marriage.
           (ii) If a party is ordered to pay temporary alimony during the pendency of the divorce
 action, the period of time that the party pays temporary alimony shall be counted towards the
 period of time for which the party is ordered to pay alimony.
           (iii) At any time before the termination of alimony, the court may find extenuating
 circumstances or good cause that justify the payment of alimony for a longer period of time
 than the length of the marriage.
           (12) (a) Except as provided in Subsection (12)(b), unless a decree of divorce
 specifically provides otherwise, any order of the court that a party pay alimony to a former
 spouse automatically terminates upon the remarriage or death of that former spouse.
           (b) If the remarriage of the former spouse is annulled and found to be void ab initio,
 payment of alimony shall resume if the party paying alimony is made a party to the action of
 annulment and the payor party's rights are determined.
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        5th Sub. (Salmon) H.B. 220                                                   02-27-24 2:48 PM
           (13) If a party establishes that a current spouse cohabits with another individual during
 the pendency of the divorce action, the court:
           (a) may not order the party to pay temporary alimony to the current spouse; and
           (b) shall terminate any order that the party pay temporary alimony to the current
 spouse.
           (14) (a) Subject to Subsection (14)(b), the court shall terminate an order that a party
 pay alimony to a former spouse if the party establishes that, after the order for alimony is
 issued, the former spouse cohabits with another individual even if the former spouse is not
 cohabiting with the individual when the party paying alimony files the motion to terminate
 alimony.
           (b) A party paying alimony to a former spouse may not seek termination of alimony
 under Subsection (14)(a), later than one year from the day on which the party knew or should
 have known that the for