Hoidal v. Berry
Hoidal v. Berry, 2024 UT App 157 (Christiansen Forster, J.)
Family Law
Berry and Hoidal divorced and both appealed from the district court’s property division and alimony award. The Utah Court of Appeals affirmed in part and reversed in part, holding:
- Berry’s appeal:
- The district court did not abuse its discretion in choosing to value the home and Hoidal’s 401(k) as of the date of separation, nor did it abuse is discretion in determining the phantom stock payment to be Hoidal’s separate property, or in refusing to include Berry’s student loan among his reasonable expenses.
- The district court abused its discretion in failing to account for the child support payment in the alimony calculation.
- Hoidal’s cross-appeal:
- There was no abuse of discretion in the district court’s treatment of Berry’s asserted expenses, in its reconsideration of the reimbursement of past childcare expenses, or in its refusal to award attorney fees.