Utah Marital Property Division Guide

Utah follows the equitable distribution model when dividing property in divorce. Under Utah Code 30-3-5, courts divide marital property in a way that is fair—which doesn't necessarily mean equal. Utah gives judges discretion to consider multiple factors when determining what constitutes a just division. Understanding these rules is essential whether you're pursuing an uncontested or contested divorce.

Marital vs. Non-Marital Property

Utah law distinguishes between property subject to division and property that remains with its original owner:

• Marital property: All property acquired during the marriage, regardless of whose name is on the title
• Non-marital property: Assets owned before marriage, or received as gifts or inheritance during the marriage

Courts recognize both spouses' contributions to acquiring marital property—even when only one spouse earned income. However, separate property can lose its protected status if commingled with marital assets or transformed through joint use.

The Equitable Standard

Utah's "equitable" approach means courts aim for fairness rather than mathematical equality. The statute allows judges to consider all relevant circumstances:

• For long marriages, 50/50 splits are common
• Shorter marriages may result in different ratios
• Courts have broad discretion based on individual circumstances

Factors Courts Consider

When deciding what division is fair, Utah courts evaluate:

• Duration of the marriage
• Age and health of each party
• Occupations of both spouses
• Amount and sources of income
• Economic contributions to the marriage
• Non-economic contributions like homemaking and childcare

Income is one factor—but not the only one. A spouse who stayed home to raise children still contributed to the marriage and is entitled to an equitable share.

Dividing the Family Home

Real property purchased during marriage is marital property regardless of whose name appears on the deed. Utah courts typically handle homes by:

• Ordering a sale with proceeds divided equitably
• Allowing one spouse to buy out the other's interest
• Awarding the home to one spouse with offsetting assets to the other

Learn more about who gets the house in a divorce.

Retirement Accounts and Pensions

Retirement benefits earned during the marriage are subject to division. Utah uses specific approaches depending on the plan type:

• Defined benefit plans: Courts apply the "Woodward formula" to calculate the marital portion
• Defined contribution plans: Division based on contributions and circumstances
• QDRO required: A Qualified Domestic Relations Order is needed to divide most retirement accounts

Property Division Is Final

Unlike child custody or support, property division cannot be reopened after the order becomes final—except in very limited circumstances like fraud. This makes it critical to ensure all assets are disclosed and properly valued before finalizing your divorce.

Estimate Your Utah Divorce Costs

Property division complexity affects overall divorce costs. Use our calculator for a personalized estimate:

Next Steps

Understanding Utah's equitable distribution system is essential for protecting your financial interests. Key takeaways:

• Utah divides property equitably—not necessarily equally
• Marital property includes assets acquired during marriage regardless of title
• Separate property can be lost if commingled with marital assets
• Courts consider multiple factors including non-economic contributions
• Property division is final—full disclosure is critical

For official forms and court information, visit the Utah Courts. Review the Utah divorce timeline to understand the process. Consulting with a Utah family law attorney is recommended for divorces involving significant assets.