Scott v. Scott

The Supreme Court reversed the order of the court of appeals affirming the district court’s conclusion that Jillian Scott cohabited with J.O, her ex-boyfriend, and, therefore, her alimony payments terminated under Utah Code 30-3-5(1). The statutory language governing termination of alimony provides that alimony “terminates upon establishment by the party paying alimony that the former spouse is cohabiting with another person.” See Utah Code 30-3-5(10). On appeal, Jillian argued that the district court’s interpretation of the statute was incorrect because it failed to account for the present tense of the verb “is.” The court of appeals disagreed. The Supreme Court reversed, holding (1) the plain language of section 30-3-5(1) requires the paying spouse to establish that the former spouse is cohabiting at the time the payment spouse files the motion to terminate alimony; and (2) the court of appeals erred when it found that Jillian and J.O. cohabited. View "Scott v. Scott" on Justia Law