Separate Maintenance


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You are not required to hire an attorney, but requesting an order for separate maintenance can be complicated. Consider talking to an attorney to go over your options. One way to talk to an attorney is to visit a free legal clinic. Clinics provide general legal information and give brief legal advice. You might also hire an attorney for just part of your case or to do one particular thing, rather than represent you for the whole case. For more information, see our webpage on Finding Legal Help.

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Introduction

Under some limited circumstances, one spouse may ask the district court for an order for alimony, property and debt management and division, health care insurance, housing, child support, child custody and parent time without filing for divorce. This is known as a petition for separate maintenance.

Utah Code Section 30-4-1 governs separate maintenance.

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Requirements

You may petition for separate maintenance if your spouse is a resident of Utah and one or more of the following circumstances apply:

  • Your spouse deserted you without good cause.
  • Your spouse is able to support you but does not.
  • Through no fault of your own, you are living apart from your spouse.
  • Your spouse is in prison for one year or more and has made no provision for you.

You may also petition for separate maintenance if you are a resident of Utah and your spouse has property in Utah and does not support you.

The court proceedings in separate maintenance are the same as for divorce, but a separate maintenance petition may be filed in any county where either spouse is present.

A separate maintenance order may be enforced or modified by the court if necessary. A separate maintenance order terminates upon the death of either spouse. Any obligation in the order ends if the parties prove voluntary and permanent reconciliation.

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Forms

There are no forms on this website for requesting a separate maintenance order.

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Related information


Page Last Modified: 2/15/2012
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