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Sauer v. Sauer 2017 UT App 114 (July 13, 2017)

Jul 13, 2017

In this divorce case, the wife had estimated her housing needs for the purpose of alimony.  The trial court rejected her estimate based on its concern that she may not be able to continue living with a friend and, as a result, her figures were neither credible nor relevant.  Relying on Dahl v. Dahl, 2015 UT 79, the trial court imputed needs based upon the amount claimed by the husband.  On appeal, the husband argued the court should have been bound by the wife’s estimate.  The court of appeals held the trial court did not abuse its discretion by imputing a housing amount equal to that claimed by husband for the purposes of determining alimony, where there was no credible and relevant evidence of wife’s need.