Divorce can be a complex and emotionally draining process. One of the most crucial aspects of a divorce is the division of property, a process that can generate significant disagreements. In Utah, separating couples have two options for dividing their property: negotiating a settlement agreement or turning to the court to make the decision. This article focuses on the factors that Utah courts consider when dividing property in a divorce.
Equitable Distribution
Utah is an equitable distribution state. This means that the court seeks to divide marital property equitably or fairly, but not necessarily equally. Unlike community property states where property is split 50-50, Utah courts will divide property after considering numerous factors.
Property Division Factors
Utah courts follow a set of factors to decide how to divide marital property. The law provides that the court shall consider the following:
1. The length of the marriage
The court will consider how long the marriage lasted. For longer marriages, the court is more likely to divide the property in a manner that reflects each spouse’s contribution and the sacrifices made for the joint benefit of the marriage.
2. The earning capacity of each spouse
Courts will assess the earning capacity of each spouse, taking into consideration factors such as education, experience, marketability, and the ability to obtain future employment.
3. The age and health of each spouse
The court will consider the age and health of each spouse. For example, if one spouse is approaching retirement age, they may be given a more significant share of the marital property since they are less likely to generate income in the future.
4. The standard of living of the couple during the marriage
Utah courts evaluate the standard of living established during the marriage to ensure that both parties maintain their status quo.
5. The contribution of each spouse to family and home
The court will consider the financial and non-financial contributions of each spouse to the marriage, such as home-making, parenting, and supporting a partner’s career or education.
6. The debt incurred during the marriage
Utah courts will consider the total debt incurred during the marriage and divide it equitably.
7. Spousal support
The court will also consider spousal support, depending on the earning capacity of each spouse, length of the marriage and their respective financial needs.
Separate Property
Separate property is not divided in a Utah divorce, as it is property that belongs solely to an individual spouse. This includes property acquired before the marriage, personal gifts, and inheritances.
Conclusion
It is essential to note that Utah courts do not follow a strict formula when dividing marital property. The above factors serve as a guide, and the court will make its decision based on the specifics of each case. If you are going through a divorce in Utah, it is in your best interest to seek guidance from an experienced legal professional who can guide you towards a favorable property division outcome.