The Appellate Group

Miner v. Miner

Miner v. Miner, 2021 UT App 77 (Harris, J.)

Family Law

Husband and Wife divorced. The district court ordered that Husband pay Wife over $18,000 per month for 20 years. The court also divided the family’s property. The Utah Court of Appeals affirmed in part, reversed in part, and its rulings included:

  • The court of appeals upheld most of the district court’s expense calculations for Wife, but remanded for the district court to calculate the reduced family expenses for Wife because her parent time was reduced, to correct a mathematical error with retirement expenses, and to adjust Wife’s tax burden to reflect the actual alimony she was receiving.
  • The district court did not abuse its discretion when it refused to award rehabilitative alimony and when it did award retroactive alimony.
  • The district court abused its discretion when it did not impute income for full-time employment to Wife, especially when Wife and Husband each had equal parent-time obligations.  It likewise abused its discretion when it imputed income from a farm to Husband when that farm was sold, and failed to subtract out reasonable business expenses in computing Husband’s income.

Read the full court opinion