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What is considered marital property in Utah?

When you are going through a divorce, one of your top concerns may be how your property will be divided. According to Utah law, this is an equitable division state, which means that assets will be allotted to each spouse according to what is fair.

Only marital property will be subject to division. Examples of marital property include anything that a couple received after the marriage; no matter which spouse owns it or has the title to it. For example, if a vehicle is only in one spouse’s name, a judge will consider it marital property as long as it was obtained after the marriage. Additionally, any money paid into retirement accounts during the marriage will be considered marital property.

There may be some property acquired after marriage that is exempt from marital status. For example, if one spouse received an inheritance, it will not be shared with the other spouse in a divorce. The following could also be considered non-marital property or otherwise protected from division:

  • Items that have been specified in a prenuptial agreement
  • Items that a spouse received as the result of a legal separation
  • Any increase in value of or income generated from non-marital property
  • Property that a spouse receives due to the exchange of non-marital property

According to the Utah Courts, once all the marital property has been identified, a judge will divide it based on factors including the spouses’ health, age and occupation. How long the marriage lasted and each spouse’s financial circumstances may also be taken into account.

While this information may be useful, it should not be taken as legal advice.


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