Is Utah a 50/50 Divorce State?

Is Utah a 50/50 Divorce State?

Utah follows the equitable property and debt distribution rule, in which marital property is distributed equitably and fairly. Though the marital property and marital debts may not necessarily be distributed on a 50/50 basis always, 50/50 is the general rule.

Spouses should first know the difference between a community property distribution state and an equitable distribution state before learning about the finer legal points that impact marital property distribution in Utah.

Community Property Distribution vs. Equitable Property Distribution

According to the available data, just 9 states in the U.S. follow the community property distribution rule. In these states, the courts first decide which asset can be classified as community property (i.e., assets accumulated during the marriage) or separate marital property (i.e., property belonging individually to either spouse). After itemizing and classifying the assets, the courts distribute the community property on a 50/50 basis – plus, each spouse gets to keep his/her separate marital property.

The rest of the states, including Utah, follow the equitable property distribution rule. In these states, the courts distribute the property on a fair and equitable basis between the spouses (not necessarily on a 50/50 basis, but 50/50 is the general rule).

To distribute marital property equitably in Utah, the courts can consider how much money each spouse contributed towards the assets, and whether it is fair to give a majority share in the assets to the spouse who has invested a larger or the entire sum. Also taken into consideration are the income and earning capacity of each spouse, age, education, and health of each spouse, the non-monetary contribution of each spouse to the marriage, duration of the marriage, and some other factors depending upon the circumstances in each case. While the court can do this, it usually does not, opting to not get into the minutiae of a couple’s finances, instead splitting everything 50/50.

As a general rule, separate marital property is not distributed and is given to the spouse who is the original owner. This rule may not apply in extreme circumstances, but those circumstances need to be quite extreme.

With that said, spouses have to take the following legal considerations and exceptions into account before assuming a 50/50 distribution of marital property:

  • Duration of the marriage
  • Exceptions to the 50/50 property distribution rule in Utah
  • Nonmonetary or intangible contribution by either spouse to the marriage
  • Mutual agreement on the distribution of marital property (e.g., prenuptial agreements)

Duration of the Marriage

Utah’s courts take into account how long the marriage lasted.  If the marriage is very short, for example less than a year or two, the court may decide not to divide assets 50/50, instead taking into account the following considerations: individual monetary contribution of each spouse to the property, age, education level, earning capacity, health, etc., of each spouse. That said, the general rule, even for short-term marriages, is 50/50 division.

Exceptions to the 50/50 Property Distribution Rule in Utah

Separate Marital Property

In general, property acquired and income earned by either spouse during the marriage is considered community or common marital property. Separate property includes anything that originally belonged to a spouse before marriage and was kept separate throughout the marriage. It also includes a gift or inheritance received by either spouse during the marriage.

Courts award the separate marital property to the spouse who originally owned it, and which remains in his/her name (i.e., it is not mingled with the common marital assets) during the marriage.

Prenuptial Agreement

Typically, a prenuptial agreement includes the rights of each spouse to separate and common marital property, the protection given to either spouse from the debts of the other spouse, property division in the event of death, separation, or divorce, and any other issue depending upon the circumstances of the case.

Such agreements don’t cover child custody, visitation rights, child support, because decisions regarding children are always subject to the court’s ability to determine what is in the children’s best interests. Alimony can be negotiated in a prenuptial, but the court is not bound by an alimony agreement if that agreement means the spouse receiving alimony will be left destitute or dependent on others, like the government.

A prenuptial agreement can take precedence over Utah’s equitable property distribution rule.

Nonmonetary or Intangible Contribution by Either Spouse to the Marriage

Utah’s equitable property distribution laws require the courts to consider the intangible or nonmonetary contribution of each spouse before arriving at a property distribution formula that is fair and just.

The courts in Utah assign a value to non-monetary contributions like household chores, child care, cooking food, homemaking, being supportive of the other spouse as he/she goes about his job, and more, before arriving at an equitable distribution of property.

Mutual Agreement on the Distribution of Marital Property

Despite Utah’s equitable distribution rule, the spouses can agree to sell or divide certain marital assets after consulting with their family law attorney. The spouses can then submit their plan to the courts, which may accept the agreement (in general, it is accepted). This is most often accomplished through mediation, in which couples negotiate an agreement that works for them. If marital property is not covered by this mutual agreement, the courts decide on its distribution.

Share This Story, Choose Your Platform!
About the Author: Keith Bruss
69ef10e1d3d94038c0f47abe7a156312?s=72&d=mm&r=g

WHAT OUR CLIENTS SAY AND WHY

Check out what some of our real life clients had to say about working with Brown Family Law

BrownLaw icon
Excellent
Brown Family Law
4.8
Based on 916 reviews
You get what you pay for, and the Brown Family team is worth every penny. We truly appreciated their team-based approach, making sure that every detail of our case was thoughtfully handled. They were incredibly easy to work with, kept us informed throughout the process, and made sure no question ever went unanswered. By far the best family attorneys I’ve worked with, and the only ones I’ll call if I ever need legal help again.
Response from the owner:Chris, thank you. Glad we were able to guide you through your process.
Andrew made the whole process smooth and quick! Kept me updated on any changes, and followed up with me constantly!

Made me feel at ease throughout the whole process and made sure I felt seen/ heard!
Response from the owner:Joselyn, thank you for the kind words.
David Handy is my attorney and he is excellent. He understands my cases and is well informed to defend my needs and the needs of my kids. He is supportive and compassionate. Telling me how things are and what to expect. He does very well with my high conflict cases (protective order and divorce). I highly recommend him and the Brown Family Law firm. Everyone I have talked to is helpful. Especially Conor Schetzel who is currently the paralegal on my cases.
Response from the owner:Suzanne, thank you and glad David has taken care of you.
Nathaniel Garrabrandt and Brown Family Law is where I send people who are seeking Divorce. Highly professional and compassionate. Thank you!
Response from the owner:Jaren, thank you for the referrals.
I cannot say enough good about my experience with Brown Family Law. Ray Hingson and paralegal Carren did an excellent job with my case. I will definitely use this firm again for any legal issues.
Response from the owner:Meghann, so glad Ray and Carren took good care of you.
I have worked with Andrew Christensen many times in a variety of situations. I am very impressed with his friendly demeanor in a difficult situation. I would highly recommend him to you without any reservations.
Response from the owner:Thank you, Monica.
Highly recommend Brown Family Law. Life is hard, divorce is harder, and Andrew Christensen is your guy to help you through to the other side.
Response from the owner:Mike, thank you for the kind words and the referrals.
When you’re going through a tough time and need legal help, this firm isn’t just a one-person operation. It’s a team of attorneys who work together to support you every step of the way. So you’re not just getting a lawyer, you’re getting a legal team behind you.

Navigating the legal system was a steep learning curve for me, and my situation was fairly complex. What stood out about this law firm was the way multiple attorneys collaborated to address my case. It wasn’t just one person working in isolation, but a team supporting each other to find the best path forward. That kind of collective effort is a real strength, especially in hard out complex situations like mine.

There was one issue I felt should have had a different outcome with the court. When I brought it up, the team responded in a very professional and respectful manner, which I truly appreciated. It came to my understanding that the legal system sometimes works in a way that is distant than I thought. This was presented to me in a way that someone outside of the legal system could understand.

In my experience, this firm takes the time to not only assist you, but also help you understand why things are happening. That made a big difference for me, and it’s something that really sets them apart.
Response from the owner:David, thank you for our conversation and taking the time to leave this review.
My experience with Jennifer and Brown Family Law was nothing short of amazing. From the very beginning of my initial consultation all the through until my case was settled, I was well taken care of and updated every step of the way. I felt like my team genuinely cared about the outcome of my case, which was refreshing. You get what you pay for, and Brown Family was worth every penny. To say I highly recommend this group is an understatement.
Response from the owner:Thank you very much, Steve. Glad Jennifer took good care of you.
Andrew Christensen was a great divorce lawyer. He is very experienced, professional, and was great to work with during this difficult process.
Response from the owner:Casey, thank you and so glad Andrew served you well.
Made my divorce quick and painless. 5 months ago I was feeling very overwhelmed. There was legal issues with protective orders, my ex wife had taken my kids to another country without my consent, I was in way over my head. After speaking with brown law they calmed my nerves took over my case. A few video calls and 5 months later my divorce is finalized with a fair outcome for everyone. It was easy and stress fee, it didn’t even feel like I was going through a divorce.
Response from the owner:Thank you so much, Brian. Sorry you went through all of that, but glad we were able to help.
Jennifer was excellent! She was always responsive and kept me updated on my case. while the billing was a little different from what I expected, her expertise was invaluable. I highly recommend her. And I appreciate everything she's done for me and may case.
Response from the owner:Jennifer, thank you and glad Jennifer was able to help you and kept you updated.
Going through the divorce process can be overwhelming, exhausting and emotionally draining.
I did my homework to find the perfect lawyer to represent me knowing I could have peace of mind throughout the process.
Leilani Whitmer and her paralegal Idania did not disappoint. Their professionalism and dedication to my case was outstanding and fair.
Leilani had just had surgery a few days before mediation and showed up on crutches and ready to go. That’s dedication!!!
I am highly recommending them to anyone looking to feel at ease during a difficult time.
Response from the owner:Lesia, glad Leilani and Dani took such good care of you.
Anne-Greyson helped me with my post divorce issues after Clay handled my divorce. She was amazing in getting my issues resolved and I was even more thankful to have worked with Brown Family Law again. I will never stop praising this team for all of their hard work!!
Response from the owner:Belynda, thank you for your kind words.
Brown Family Law is an amazing law firm. Clay is always so helpful and is very easy to talk to and personable. If you need help, they are definitely the place to call! I would recommend Clay and Brown Family Law to anyone.
Response from the owner:Jaymee, glad Clay was able to help you.
Got me through my divorce with satisfactory results. Russell and Connor were very helpful and took good care of me through this difficult process.
Response from the owner:Thank you, Russell.
Leilani Whitmer, Jennifer Keeton, and Idani where all amazing and really helped me with my divorce. The team was proactive, detail oriented and deeply compassionate and really helped me through a hard time. I felt so much better when they took on my case and I didn't have to stress out because they took care of everything. I would definitely recommend them if you are in need of excellent and caring representation for any matters of family law.
Response from the owner:Josh, thank you for your kind words.
I have always valued Marco’s advice and fairness. He comes highly recommended in this area if you’re looking for someone who will listen and fight strong and fair.
Response from the owner:Thank you, Blake.
Excellent family law practice!! Very honest and up front communication about what to expect. Top quality care from our lawyer every step of the way. Thank you Paul and team! Cannot recommend enough!!!
Response from the owner:Aric, glad Paul took care of you.
Marco is the smartest family lawyer in Utah
Response from the owner:lol
I have known Marco for many years. He is an outstanding attorney and a good friend. He cares deeply for his clients and has cultivated a “customer-oriented” culture in his firm and with his team. Marco exhibits empathy for his clients during some of their most difficult life moments, but is also straight forward and to-the-point. He and his team will help you understand exactly what you can expect during divorce proceedings and then work to achieve the best results on your behalf. There is a reason Brown Family Law receives so many positive reviews from their clients and they are so well respected by their peers. I highly recommend them!
Response from the owner:Kurt, thank you for the kind words.
I feel so lucky to have found Brown Family Law on my first try. Their business model is to take on only a select amount of clients, so that they can give each case the attention and care that it needs. Sometimes I feel like I am their only client! They remember details, are very responsive, and really show care for the actual person - not just "the case". I feel that they are conscientious of my retainer as well, making sure that time is not being wasted. I feel that my money is being used for the things I need it to be used for.
Response from the owner:Natalie, thank you. Glad we could make you feel so good about your experience.
I was very well pleased with Katrina. She helped me every time I asked for it and my divorce was quick and easy. I couldn’t have asked for a better lawyer or law firm.
Response from the owner:Shelley, thank you.
Paul Waldron was our attorney and he represented my husbands case with perfect focus and provided quality advise. We would highly recommend him and Brown Family Law.
Response from the owner:Heather, glad Paul served you well.
There's so many good things I could write. But I'll just sum it up to a few things.
If you want to feel taken care of, this is the right place to be. I am grateful for feeling heard and understood with the process of my divorce, and that Andrew took the time to explain things to me, even when I had to ask him to repeat concepts and legal jargon. Additionally, I'm deeply grateful that I felt Andrew advocated for me in various ways. And last but certainly not least, I'm grateful that he was a voice of reason when I was feeling emotionally charged.
Divorce is a terrible thing to go through but if you have to do it, it's good to be taken care of, which I felt I was.
Response from the owner:Jules, thank you for your kind words. So glad Andrew was able to be the voice of reason. Divorce is hard, and helping be the voice of reason is a big part of what we do for clients.
Got answers to all my questions . Thanks!
Response from the owner:You’re welcome. Thank you.
Daniel and the entire team made my divorce process an easier experience, they are truly committed and concerned about their clients. I would recommend them with my eyes closed!!
Response from the owner:Thank you, Beatriz.
Andrew is approachable, responsive, and genuinely cares about the people he works with. He takes the time to listen, understand concerns, and provides thoughtful guidance to his clients wherever possible.
Response from the owner:Stacie, thank you. Glad Andrew was able to help you.
I am a fellow lawyer to Mr. Brown. He has been nothing but professional and kind in his interactions with me. I admire his hard work and generosity.
Response from the owner:Daniel, thank you.
My grandson is my entire world since the day he was born, when my daughter was going through a divorce I was really worried about losing time with him. She decided to use brown family law to help with her divorce after dragging her feet on it for two years, Clay was quick to meet with her and walk her through the process of divorce and help her get the case done the right way the first time. His communication was amazing and he was so quick to respond to her needs. Thank you Clay for what you’ve done for my daughter and everyone at brown family law for your kindness in the hardest phase of her life. I’m so glad she chose brown family law and I recommend them to anyone that asks me who to use for their divorce and custody cases.
Response from the owner:Thank you so much for the kind words.
I can't recommend Brown Family Law enough. Their attorney are amazing to work with and helped my daughter get sole legal and physical custody of my grand son. We were really worried about the long term effects of 50/50 custody and Clay made sure my daughters decree protected her and my grand son long term. Thank you for all that you did to protect my grand son and my little girl.
Response from the owner:Thank you.
Clay Randall was amazing helping my girlfriend with her divorce and custody case. She was able to get all of her goals achieved and to know her son is safe is such a comfort. I couldn’t recommend Brown Family Law more for all they did for her and my soon to be step son. Clay was always there to answer her questions and clarify anything she may have questions about. He thought of every possible scenario to make sure the decree protected her and her son moving forward through his life. Thank you Clay and Brown Family Law for all you have done for my girlfriend.
Response from the owner:So glad Clay communicated well and helped your girlfriend get through the process successfully. Thank you for your kind words.
As a professional in this same industry I can attest to the fact that Marco and his team are top notch professionals. As opposing counsel on cases with Brown Family Law, I have personally witnessed the hard work, dedication, and effective advocacy skills that are implemented on behalf of their clients. You and your loved ones will be in great hands with this firm.
Response from the owner:Michelle, thank you for always being a good colleague to work with on cases.
Anne was amazing and helped me finalize my divorce quickly. Great communication - I was always kept up-to-date on what was going on throughout the whole process.
Response from the owner:Madeline, glad Anne-Greyson communicated so well with you.
Kayelise was so kind and patient, listened to details of my case and gave me feedback that can help me moving forward. I appreciate her time.
Response from the owner:Thank you.
Andrew and Carren were fantastic to work with. Andrew had great communication and gave me weekly updates on my case. They showed empathy and actually cared about the outcome of my case. We created goals and were able to achieve them by the end of my case. I would absolutely highly recommend Andrew and brown family law!
Response from the owner:Zane, so glad Andrew and Carren were able to serve you so well.
Nathaniel and Carren are absolute superstars. The way they handle their client roster is impeccable. . My representation was stellar from intake through case resolution. They were professional, attentive and compassionate. Thanks for all your hard work Brown Family Law.
Response from the owner:Thank you, Julie. Nathaniel and Carren worked hard on your case. Glad they did well for you.
yH5BAEAAAAALAAAAAABAAEAAAIBRAA7

Schedule a Consultation


What Makes Us Different

At Brown Family Law, we know that when we make children’s well-being a priority, their parents do better, too.

At Brown Family Law, we know that when we make children’s well-being a priority, their parents do better, too.

At Brown Family Law, we know that when we make children’s well-being a priority, their parents do better, too.

At Brown Family Law, we know that when we make children’s well-being a priority, their parents do better, too.