Utah Courts

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Finding Legal Help

You are not required to hire an attorney, but legal matters can be complicated. Consider talking to an attorney to go over your options. See the Finding Legal Help page for information about free and low cost ways to get legal help. 

Como encontrar ayuda legal

Usted no está obligado a contratar un abogado, pero los asuntos legales pueden ser complicados. Considere la posibilidad de hablar con un abogado para hablar de sus opciones. Para información sobre cómo obtener ayuda legal vea nuestra página Como encontrar ayuda legal.

Separate Maintenance

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.


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.


Forms

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


Related information

The Utah State Courts mission is to provide the people an open, fair, efficient, and independent system for the advancement of justice under the law.


Page Last Modified: 5/11/2018
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