Utah Supreme Court hears challenge to how trial court calculated alimony

SALT LAKE CITY — The Utah Supreme Court on Monday heard argument over whether a district court properly calculated alimony by reducing a former spouse’s claimed marital expenses and then equalizing the parties’ incomes to produce a larger award.

Deborah Bulkley, representing petitioner Jacqueline Smith, told the court that “the starting point in determining alimony in the state of Utah has been ... the financial condition and needs of the recipient spouse,” and that courts must consider the marital standard of living rather than limit awards to “the most basic needs.” She argued the district court erroneously trimmed the petitioner’s claimed expenses to basic needs and then “added back” amounts when it later equalized income, referencing Gardner and related authorities to say the proper procedure requires beginning with the marital standard of living.

Respondent counsel David Pedrazos disputed that characterization, drawing a distinction between equalizing the parties’ standards of living and merely dividing income. He told the court the district judge reduced a number of expense items after examining the record and testimony, and adjusted both parties’ expense lines to reach a fair result given the…