Divorce Property Division in Utah

Divorce property division in Utah is an important issue that should be carefully addressed in each divorce. The Court will divide all of the marital property regardless who holds title of the property or where it is located, if the parties cannot come to a mutual agreement on their own.

What Property Will I Get in Divorce?

Generally, non-marital property is not subject to division in a divorce. Non-marital property generally includes any property that the party brought into the marriage or received during the marriage by gift or inheritance. Non-marital property can sometimes become marital property if it is commingled with marital property to such an extent or used in such a way that is loses its non-marital status. This can even be unintentional. We will help you ensure that you receive the property to which you are entitled.

Under Utah law all martial property must be equitably divided during a divorce. All property that is acquired during the marriage–even if it is titled in only one party’s name–is generally marital property. For example, if the couple purchases a home during the marriage, but the home is only put in the name of one of the spouses, the home will generally be considered marital property and subject to division.

It should be understood that an equitable division does not always mean 50/50. The court will consider a number of factors, including the occupations of the parties, how long the couple has been married, the age and health of the parties, incomes of the parties, and other related matters.

Does Utah Recognize & Enforce Premarital Agreements?

Utah enforces valid prenuptial or premarital agreements. The parties must have a reasonable mutual disclosure of the financial obligations and property of each other (or waive such disclosure) and agreement must be voluntarily signed by the parties in order for the premarital agreement to be a valid. There are limitations to premarital agreements, however. If you are considering a premarital agreement, or have an existing agreement and have questions about how the agreement will be enforced, schedule a free initial consultation with our knowledgeable divorce attorney to assist you.