If you are getting divorced in Utah, you and your spouse will need to distinguish between pre-marital property vs. marital property so you can divide up your assets. Utah law does not define marital property in the Utah divorce code. However, the Utah probate court, defines pre-marital property or separate property as property that each spouse owned prior to the marriage. If the parties want their pre-marital property to remain separate, then it must be kept apart and not co-mingled with community property acquired during the marriage. Property is considered real property and personal property.
Separate Property
The following property is considered pre-marital/separate property:
- Property owned prior to marriage and not co-mingled with community property
Property acquired by gift, bequeath or disposition
Property acquired in exchange for or using proceeds from other separate property - A personal injury settlement
Utah Equitable Property Distribution
Pre-marital property is not considered part of the marital property division in Utah. Since Utah is an equitable property distribution state, the courts will decide which is pre-marital property vs. marital property in Utah and divide the property and debts in a just and fair manner if the parties cannot decide on how to do this on their own. The court is authorized to make monetary awards, as well as having the authority to divide, sell or transfer marital property to one or both spouses. The following are a list of assets that are most often divided based upon Utah's equitable property division laws:
- Cash in bank accounts, furniture and household furnishings: Divided equitably between spouses (this means fair and just, not equally)
- Retirement Plans: Duration of marriage and amount of accrued benefits, value of plan and survivor benefits
- Motor Vehicles: Divided based upon current value. Sometimes sold or just awarded to a spouse.
- Life Insurance: Divided based upon health, availability and premium payments
Each spouse is not personally liable for any separate debts, obligations, or liabilities incurred by the other spouse before or during marriage unless they are family debts.
Settlement Agreement
The court encourages the parties to resolve marital property issues, division of debt, child support, child custody, spousal support, parental rights and divorce issues by entering into an agreed upon written settlement agreement. The reason is that it reduces costs for the parties and it frees up the court to hear other cases. It also reduces the parties' stress, puts less stress on the children and helps the parties resolve their issues amicably.
Using an Attorney
If you are obtaining a Utah divorce, you should speak with a Utah family law attorney to find out about Utah's marital property division laws and Utah divorce laws. The attorney can help you with property division matters, child custody, child support, child visitation, spousal support, parental rights and other divorce issues.
