Court Restores Alimony to Woman Living With Teen

The Utah woman and her husband were married for 18 years when they divorced in 2006, and she was awarded alimony. The couple had two children.

The woman had no permanent residence, and lived at her parents' house for 80 percent of the time. The woman's parents were raising six foster boys in their home. The woman's children told their father that their mother was having a sexual relationship with one of the teenage foster boys. As a result, the father asked a judge to terminate his ex-wife's alimony.

The woman's son could not provide proof of his mother's sexual relationship with the teen. The daughter testified that her mother and the teen acted more like lovers than friends and that they were always together. The judge ruled that the burden was on the woman to prove she did not have a sexual relationship with the boy, as she was living with him. Because he determined she failed to meet that burden, her alimony was terminated.

The woman appealed to the Utah Court of Appeals. The court held that having a sexual relationship with someone living under the same roof is not enough to terminate alimony. While those factors should be considered in a determination of whether a relationship resembles marriage, the analysis must be more in depth. The court determined that the woman and the teen did not have a relationship resembling marriage, and reinstated the woman's alimony.

Source: The Salt Lake Tribune "Alimony restored to woman who allegedly had relationship with teen" 9/9/10

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