§ 81-4-202 — Petition for separate maintenance -- Grounds.

(1) A married individual may bring a petition seeking separate maintenance from the married individual's spouse if:
(1)(a) the married individual, or the married individual's spouse, is a resident of this state; and
(1)(b) the married individual's spouse:
(1)(b)(i) deserts the married individual without good and sufficient cause;
(1)(b)(ii) being of sufficient ability to provide support, neglects or refuses to properly provide for and suitably maintain the married individual;
(1)(b)(iii) has property within this state and deserts, neglects, or refuses to provide support to the married individual; or
(1)(b)(iv) lives separate and apart from the married individual without any fault to the married individual.
(2) If a petition is filed under Subsection (1), the court shall allot, assign, set apart, and decree as alimony the use of the real and personal estate or earnings of the respondent as the court may determine is appropriate.
(3) During the pendency of the action, the court may require the respondent to pay a sum as provided in Section 81-1-203.

Legislative History

Renumbered and Amended by Chapter 366, 2024 General Session