David R. Hartwig, ESQ.
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Housing Proximity and Alimony in Divorce

The Utah Court of Appeals issued a decision addressing whether a trial court can establish a proximity requirement for having the parties live within a given distance of each other; the concept of equalization and incomes in determining alimony; and, in the award of partial attorney fees.

The Court of Appeals affirmed the proximity requirement (that the parties had to live within 25 miles of each other), and the denial of an award of partial attorney fees.

The Court of Appeals remanded on the alimony issue stating that the trial court's explanation of its equalization was inadequate, and that it erred in using wife's gross income while only using husband's net income. It also suggested that the trial court review allocating the tax consequences of the alimony award as a matter of equity.

The case is Vanderzon v. Vanderzon

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