Jensen v. Jensen

2008 UT App 392, 197 P.3d 117, 616 Utah Adv. Rep. 3, 2008 Utah App. LEXIS 378, 2008 WL 4739165
CourtCourt of Appeals of Utah
DecidedOctober 30, 2008
Docket20070312-CA
StatusPublished
Cited by37 cases

This text of 2008 UT App 392 (Jensen v. Jensen) is published on Counsel Stack Legal Research, covering Court of Appeals of Utah primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jensen v. Jensen, 2008 UT App 392, 197 P.3d 117, 616 Utah Adv. Rep. 3, 2008 Utah App. LEXIS 378, 2008 WL 4739165 (Utah Ct. App. 2008).

Opinion

*119 OPINION

GREENWOOD, Presiding Judge:

{1 Sonja Jensen (Wife) appeals from the Decree of Divorcee entered by the trial court, arguing, among other things, that the trial court erred both in its alimony and property division determinations and in failing to award her attorney fees. We affirm.

BACKGROUND

2 Wife and William A. Jensen (Husband) were married for nearly sixteen years prior to their separation in June 2008. At the time Husband filed for divorce, he resided in the parties' marital residence in Murray, Utah (the Murray residence) and was employed, earning approximately $10,000 per month. 1 Wife was forty-one years old, unemployed, and resided in the parties' condominium in Arizona (the Arizona condo). Wife worked during the early years of the marriage while Husband completed college. Afterwards, she did not work except for a brief period in 2001 and 2002, when she worked for Southwest Airlines. From the time of separation until the divorce was finalized, Husband paid the mortgage on the Arizona condo. Approximately one year after the parties separated, Wife was awarded temporary alimony of $2859 per month, effective June 11, 2004.

[ 3 At the conclusion of a two-day trial, the trial court awarded Wife $2581 per month in alimony for a period of five years, while simultaneously denying her request for retroactive alimony-applicable from the June 2008 separation to the June 2004 temporary alimony award-because it found that Wife had presented insufficient evidence to justify retroactive alimony. In arriving at the alimony amount, the court imputed $1419 per month in income to Wife based on her brief employment with Southwest Airlines. 2 The court awarded the Murray residence to Husband and the Arizona condo to Wife. The court valued the Murray residence and the Arizona condo based upon their appraised values and divided the equity equally, ordering the parties to sell each property or the nonpossessing party to be "bought-out" when the parties' younger child reaches age eighteen or graduates from high school. In reaching this ruling, the court set aside the parties' previously entered stipulation that stated that the Murray residence would be sold at the time the divorce was finalized.

T4 Because Husband had made the mortgage payments on the Arizona condo since the parties' separation, the court ordered Wife to reimburse Husband for one-half of those payments. With insufficient evidence to value the personal property, the trial court further ordered all of the personal property to be sold and the proceeds divided equally. Finally, the trial court ordered each party to pay their own attorney fees and dealt with other matters not at issue in this appeal. Wife appeals, arguing that the trial court abused its discretion in several respects.

ISSUES AND STANDARDS OF REVIEW

15 Wife argues that the trial court erred in limiting the amount and duration of alimony she would receive from Husband. Similarly, Wife argues that the trial court abused its discretion in denying her request for retroactive alimony. " "Trial courts have considerable discretion in determining alimony ... and [determinations of alimony] will be upheld on appeal unless a clear and prejudicial abuse of discretion is demonstrated." Davis v. Davis, 2003 UT App 282, ¶7, 76 P.3d 716 (alterations in original) (quoting Breinholt v. Breinholt, 905 P.2d 877, 879 (Utah Ct.App.1995)).

T6 Wife also argues that the trial court erred by not enforeing the parties' stipulation to immediately sell the Murray residence. A trial court's decision to reject or modify a *120 stipulation related to property division in a divorcee proceeding is reviewed for an abuse of discretion. See Clausen v. Clausen, 675 P.2d 562, 564 (Utah 1983).

T7 In addition, Wife argues that the trial court erred in its personal property distribution as well as in ordering Wife to repay Husband for one-half of the postseparation payments on the Arizona condo mortgage. We will make changes to "'a trial court's property division determination in a divorce action only if there was a misunderstanding or misapplication of the law resulting in substantial and prejudicial error, the evidence clearly preponderated against the findings, or such a serious inequity has resulted as to manifest a clear abuse of discretion." Davis, 2003 UT App 282, ¶8, 76 P.3d 716 (quoting Bradford v. Bradford, 1999 UT App 373, ¶25, 983 P.2d 887 (internal quotation marks omitted)).

T8 Finally, Wife contends that the trial court erred in failing to award her attorney fees. We review a trial court's decision regarding attorney fees in a divorcee proceeding for an abuse of discretion. See id. 19. 3

ANALYSIS

I. Alimony

T9 Wife argues that the trial court abused its discretion in awarding her only $2581 per month in alimony for a period of only five years. Relatedly, Wife argues that the trial court erred in denying her request for retroactive alimony applicable to the approximately one-year time period between the parties' separation and the entry of the temporary alimony award. Trial courts have broad discretion in making alimony awards so long as they consider at least the following factors:

() the financial condition and needs of the recipient spouse;
(ii) the recipient's earning capacity or ability to produce income;
(iii) the ability of the payor spouse to provide support;
(iv) the length of the marriage;
(v) whether the recipient spouse has custody of minor children requiring support;
(vi) whether the recipient spouse worked in a business owned or operated by the payor spouse; and
(vil) whether the recipient spouse directly contributed to any increase in the payor spouse's skill by paying for education received by the payor spouse or allowing the payor spouse to attend school during the marriage.

Utah Code Ann. § (Supp. 2008) 4 In addition, trial courts must be mindful of the primary purposes of alimony: "(1) to get the parties as close as possible to the same standard of living that existed during the marriage; (2) to equalize the standards of living of each party; and (8) to prevent the recipient spouse from becoming a public charge." Richardson v. Richardson, 2008 UT 57, ¶7, 611 Utah Adv. Rep. 12, P.3d --, 2008 WL 3835161 (citations omitted). Where a trial court considers these factors, we will disturb its alimony award only if there is " 'a serious inequity ... manifest[ing] a clear abuse of discretion."" Kelley v. Kelley, 2000 UT App 236, ¶26, 9 P.3d 171 (quoting Childs v. Childs, 967 P.2d 942, 946 (Utah Ct.App.1998) (internal quotation marks omitted)).

A. Amount of Alimony

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Cite This Page — Counsel Stack

Bluebook (online)
2008 UT App 392, 197 P.3d 117, 616 Utah Adv. Rep. 3, 2008 Utah App. LEXIS 378, 2008 WL 4739165, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jensen-v-jensen-utahctapp-2008.