A paramour is a person who is a love or romantic interest of a married person who is engaging in adultery with the paramour. Spouses engaged in adulterous affairs with paramours sometimes give gifts to their paramours, and often spend marital or community property on such gifts. The non-cheating spouse may pursue a reimbursement claim and ask the court to order the spouse who spent marital assets on a paramour to reimburse the marital or community estate—by returning the gift if it retains its value (jewelry) or replacing the funds with the cheating spouse’s separate property funds.
In Utah, adultery can have legal implications in the context of divorce proceedings. While Utah is a no-fault divorce state, meaning that a spouse does not need to prove wrongdoing to obtain a divorce, the issue of adultery can still be relevant when it comes to the division of marital assets. If a spouse has used marital funds to buy gifts for a paramour, the non-adulterous spouse may seek reimbursement. Utah courts have the discretion to consider the dissipation of marital assets when one spouse uses those assets for a purpose unrelated to the marriage, such as supporting an extramarital affair. The non-cheating spouse can request the court to order the adulterous spouse to reimburse the marital estate. This could involve returning items that retain their value, like jewelry, or compensating the marital estate with separate funds. The specific outcomes will depend on the circumstances of the case and the discretion of the court.