Utah Code § 30-3-5 11(b) provides that “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.
Prior to the enactment of this subsection, a party’s retirement was not necessarily grounds to modify alimony unless it was explicitly so stated in the divorce decree. This is because a party’s retirement is typically considered to be foreseeable and a petition to modify a decree of divorce generally needs to establish a substantial and material change in circumstances that was not foreseeable at the time of entry of the original divorce decree.
This material should not be construed as legal advice for any particular fact situation, but is intended for general informational purposes only. For advice specific to any individual situation, an experienced attorney should be contacted.