Lunt v. Lunt
Lunt v. Lunt, 2024 UT App 148 (Orme, J.)
Family Law
Megan Lunt filed a petition for divorce from Drew Lunt. During the divorce proceedings, the trial court entered an alimony and child support award in Megan’s favor. On appeal, Drew challenges the alimony and child support awards. The Utah Court of Appeals affirmed in part, and reversed in part, holding in part:
- The trial court misapplied the law when determining the parties’ financial needs and gross incomes—for alimony purposes—when it substituted the marital standard of living for the parties’ individual financial needs.
- The trial court did not err as a matter of law when it declined to count the charitable donations, summer camp income, and employer-paid benefits as part of Megan’s gross income.
- The trial court did not abuse its discretion when it did not take the three-month decline in income attributable to the COVID-19 pandemic into consideration.
- Judicial tip: When determining an alimony award, although the focus is on the parties’ reasonable needs, as measured by their reasonable expenses, the marital standard of living—while not obviating the necessity to determine the needs of the parties—is a key consideration in evaluating the reasonableness of their expenses.