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Armendariz v. Armendariz, 2018 UT App 175 (Sept. 7, 2018)

Sep 7, 2018

In this appeal of a denial of a motion to modify a divorce decree to terminate the alimony award to the wife in light of the husband’s recent retirement, Judge Harris concurred in the affirmance.  He wrote separately in part to “urge family law practitioners and district judges, when negotiating and drafting alimony provisions in decrees of divorce, to make a practice of taking into account the parties’ likely future retirement, and making appropriate ex ante adjustments to the pay or spouse’s future payment obligations to account for significant foreseeable post-retirement changes in the parties’ financial situation.”