Utah Property Division | UT Settling Disputes for Marital and Non-Marital Divorce Assets and Debts

When a couple gets divorced, everything from the marriage must be sorted out by the courts. They have to turn 1 household into 2 separate households in order to end the legal relationship between the parties. A universal concern among divorcing spouses is property division, specifically Utah property division.

A divorcing spouse should immediately retain a licensed Family Law attorney. Each divorce is different, property division laws vary from state to state and lawyers have the proper training and experience to tell the judge what a divorcing spouse wants or needs from the property division.

Property Division Divorce Laws in Utah

The purpose of Utah property division laws is to make sure that marital property is allocated to each spouse equitably. Utah marital property is divided under the considerations of Utah Code §30-3-5 but the trial court judge receives great discretion when converting Utah marital property into separate Utah divorce property.

Utah is an equitable distribution state. This means that with regard to Utah divorce assets, anything the spouses brought into a marriage usually will not be included in Utah divorce assets or Utah divorce property.

There is a general rule under Utah case law that premarital property is separate property not subject to property division. However, a judge may award separate property to the other spouse if doing so would not be an abuse of discretion.

What is considered Marital and Non-Marital Property?

Marital property is generally defined as any property that was acquired during the marriage regardless of who acquired it or holds title to it.

Non-marital property is typically defined as property owned before marriage as well as any gifts or inheritances given to a spouse during the marriage. This also includes property that was classified as separate or non-marital under an agreement between the parties.

Ultimately, the trial court will decide which property qualifies as marital vs. non-marital.

Dividing Assets and Debt

After the court decides which property is available for distribution, the next step is property valuation. The final step is the allocation of marital property.

Judges decide how a marriage's assets should be divided based on factors in Utah case law. Here is a list of the most common property items and the most common allocation scheme used.

Cash: Divided equitably among the spouses.
- Example 1: A joint savings account has $8,000. The court would most likely award a portion of the money to each spouse.
- Example 2: A joint savings account has $8,000. One spouse contributed $6,000 and the other contributed $2,000. The amount may be divided in a 50-50 split or may be more balanced if the $2,000 contributor has fewer assets than the $6,000 contributor.
Retirement Plans: Divided based on the duration of the marriage at the time the benefits accrued, looking at the present value of the plan and/or survivor benefits.
- Example 1: A spouse got benefits in a retirement plan after working for 30 years and was married for 15 of those years. The ex-spouse would be entitled to a portion of the retirement plan that was acquired during the marriage.
- Example 2: A spouse has an unvested retirement plan. No division takes place until the plan is payable to the spouse who has it.
Vehicles: Divided based on the values at the date determined by the court. May be sold or given to a spouse outright.
- Example 1: A car is owned by a spouse The car may be sold with the proceeds divided among the spouses or the car may be given to a spouse outright.
- Example 2: A car has a shared title. The car may be sold with the proceeds divided 50-50 or given to a poorer spouse.
Insurance: Determined based upon each spouse's health, availability of alternate insurance and premium payments from marital income.
- Example 1: One spouse has covered the other under employer provided health insurance. The other spouse is in poor health and could not afford alternate health care coverage. The court may order the first spouse to continue covering that spouse for a set time period and/or award money to the ailing spouse to get new coverage.
- Example 2: One spouse has a life insurance policy where the ex-spouse is to get survivor benefits. The spouse may be required to remain on the policy or may receive a portion of the benefits.

Settling Disputes in a Divorce Case with Property and Asset Division

Under Utah case law, a final property division order can not be modified later on by the trial court unless a party prevails on appeal. However, you may go back to the court to get a property division order enforced.

The trial court's determinations will not be changed by a higher court unless there was a clear abuse of discretion. This is extremely hard to prove.

Help From a Utah Property Divorce Lawyer

Retaining a Utah property divorce lawyer is key to getting the fairest result in the property division phase of a divorce. The lawyer can provide professional guidance, keep you informed of likely outcomes and help you present the best arguments and presentation to the trial judge handling the divorce.

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