Riley v. Riley
Court of Appeals of Utah
138 P.3d 84 (2006)
Mr. Riley (plaintiff) and Ms. Riley (defendant) were married from 1992 to 2003; Ms. Riley had contributed roughly $275,000-$300,000 more to the marriage financially than Mr. Riley. Mr. Riley committed adultery and fathered a child out of wedlock with another woman; Ms. Riley learned of this over a year after the child's birth and demanded Mr. Riley cut off contact with the child and mother. Mr. Riley left the marriage in spring 2003 and agreed to pay Ms. Riley $900 a month until their home sold. The trial court found Ms. Riley's expenses exceeded her income by $338 a month, found Mr. Riley not credible on a possible second out-of-wedlock child around the time of separation, and concluded the divorce would not have happened but for his adultery, ordering him to pay $900 monthly for 156 months -- matching the length of the marriage. Mr. Riley appealed.
Whether a trial court may consider marital fault in setting the amount of an alimony award.