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House approves amendment and passes alimony changes after brief debate

Utah House of Representatives · February 12, 2016
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Summary

Rep. Stratton sponsored HB 128 to clarify how courts consider a spouse's lack of recent occupational qualifications when imputing income; Representative Nelson offered a short amendment that the sponsor accepted; the bill passed the House 68–6 and will be transmitted to the Senate.

SALT LAKE CITY — The Utah House amended and passed House Bill 128 on Feb. 11, a measure aimed at clarifying how courts consider a spouse’s work experience and recent occupational qualifications when awarding alimony.

Representative Stratton, the bill sponsor, described HB 128 as a narrow measure that recognizes courts should account for a spouse who has been primarily caring for children and whose workplace experience and recent occupational qualifications may not make them immediately competitive in a profession that requires up‑to‑date credentials. “This bill… gives us an opportunity for the courts to [consider] the lack of prior work experience as a deal with imputing income,” Stratton said.

Representative Nelson offered a brief amendment to insert six words on line 90 to clarify that courts should consider "lack of recent occupational qualifications." The amendment was described in the House as six words or fewer and was accepted by Stratton as a friendly amendment. The motion to amend was adopted by voice vote and the amendment incorporated into the bill.

With summation waived, the House voted on the amended bill. The clerk announced HB 128 had received 68 yes votes and 6 no votes; the bill passed and will be transmitted to the Senate for its consideration.

Supporters said the change was intended to avoid penalizing spouses who left the workforce to care for children and to make clear that degrees alone do not always reflect current occupational readiness. The amendment’s language — inserting a consideration for "lack of recent occupational qualifications" — was presented as a technical clarification to align judicial consideration with modern occupational requirements.

The measure now moves to the Utah Senate for further action.