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House amends alimony law to let judges consider 'fault' in awards

Utah House of Representatives · February 28, 2012
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Summary

First substitute House Bill 236 passed the House after an amendment defining fault in alimony determinations; sponsors said the change restores fault as a possible factor while leaving judges discretion in awards.

The House adopted an amendment to the substitute for House Bill 236 on Feb. 28 to clarify the role of 'fault' in alimony determinations and then passed the bill.

Representative Stan Sandstrom, sponsor, said the amendment would reintroduce fault as a factor considered in alimony but would not bind judges; the measure defines fault for purposes of alimony and preserves judicial discretion "may consider" rather than "shall consider."

Sandstrom said the change responds in part to a Utah Supreme Court request to define fault after prior statutory ambiguity. After limited floor discussion and a waived summation, the House passed the first substitute by a recorded vote of 50 yes and 18 no and will send the bill to the Senate.

Next steps: The bill will be transmitted to the Senate for further consideration.