Alimony is one of the most contentious issues in Utah divorce cases, and the Utah courts have specific guidelines for awarding it. The recent Utah Court of Appeals decision in Krajeski v. Krajeski, 2025 UT App 19, highlights the importance of properly substantiating alimony claims and ensuring that awards are based on legal standards rather than speculation.
Legal Standard for Alimony in Utah
Under Utah law, courts consider several factors when determining alimony:
- Financial Needs of the Receiving Spouse – The spouse requesting alimony must demonstrate their reasonable monthly expenses.
- Earning Capacity of the Receiving Spouse – Courts evaluate whether the spouse can support themselves through employment.
- Ability of the Paying Spouse to Provide Support – The paying spouse’s financial capacity is taken into account.
- Marital Standard of Living – The goal of alimony is to help both parties maintain a similar standard of living as they had during the marriage.
- Duration of the Marriage – Longer marriages typically result in higher alimony awards.
Krajeski v. Krajeski: The Flawed Alimony Award
In Krajeski v. Krajeski, the district court awarded Tami Krajeski $12,751.45 per month in alimony, relying heavily on her testimony, a financial spreadsheet prepared by her attorney’s paralegal, and Zillow estimates of home prices in Park City. The court accepted Tami’s assertion that she needed a home comparable to her premarital residence, setting her monthly housing need at $8,186—substantially more than the cost of housing during the marriage.
The Utah Court of Appeals found that the district court’s approach was flawed for several reasons:
- Lack of Proper Financial Evidence – The spreadsheet used to calculate expenses was not properly substantiated with documentation.
- Inappropriate Housing Cost Calculation – The court based Tami’s housing needs on her premarital home rather than the marital standard of living.
- Failure to Justify Award Amount – The alimony amount far exceeded Tami’s demonstrated financial need.
Key Takeaways for Alimony Awards in Utah
- Provide Clear Financial Evidence – Courts require documented proof of financial need, such as tax returns, pay stubs, and expense records.
- Alimony Must Reflect the Marital Standard of Living – Awards should not be based on premarital lifestyle or post-divorce aspirations.
- Expert Testimony May Be Necessary – Financial experts can help substantiate claims and prevent reliance on speculative estimates.
- Challenges to Unfounded Alimony Awards Can Succeed – The Krajeski case demonstrates that appellate courts will reverse improper alimony determinations.
Conclusion
The Krajeski decision underscores the importance of following established legal principles when awarding alimony in Utah. If you are involved in a divorce case and have questions about alimony, contact Ellsworth Law Firm. We can help you navigate Utah’s alimony laws and advocate for a fair outcome in your case.
