Spousal Debt--Division

Utah law requires the court in all divorce cases to enter an order "specifying which party is responsible for the payment of joint debts, obligations, or liabilities of the parties contracted or incurred during marriage." Utah Code Ann. § 30-3-5(1)(c)(i).

The court must also order the "parties to notify respective creditors or obligees, regarding the court's division of debts, obligations, or liabilities and regarding the parties' separate, current addresses." Utah Code Ann. § 30-3-5(1)(c)(ii).

In most cases, the court will equitably divide the debts based on each party's ability to pay. If one spouse has greater income and ability to pay, then generally that spouse will pay a larger portion of the parties' marital debts.

Generally debts incurred by a spouse prior to marriage are the responsibility of the spouse who incurred the debt. However, the court has broad equitable powers, and could potentially require one party to pay another party's pre-marital debts.