Notice: Due to COVID-19, we will be conducting all consultations either via video chat, phone, or email. Please don’t hesitate to call us if you have any questions!

What happens to non-marital property in divorce?

If you are involved in a contentious divorce or are in the early stages of separating from your marital partner, you may have a plethora of concerns, such as how divorce will affect your children. That said, the division of property can be especially complicated and you should try to develop an understanding of how you and your spouse's property may be split up. In Salt Lake City, and the rest of Utah, understanding the difference between marital property and non-marital property is pivotal.

Typically, you will be able to retain any non-marital property when you divorce your spouse, according to the Utah Courts. Likewise, you will probably not receive any non-marital property that your spouse owns. However, non-marital property may be distributed under certain circumstances. For example, if your non-marital property has been used in a manner where it became marital property, or has been mixed with marital property, then it may be subject to division.

There are various examples of non-marital property that each party can usually keep, such as inheritance, gifts or property that you owned prior to your marriage. On the other hand, courts may decide how to divvy up marital property between you and your spouse. From retirement accounts and vehicles to the family home, the distribution of marital property could have a significant impact on your life.

Please bear in mind that this piece was compiled to shed light on what happens to non-marital property during a divorce and should not be seen as an alternative to legal counsel.


Turn to Just Law, Where Family Matters most.

    • Please enter your name.
    • This isn't a valid phone number.
      Please enter your phone number.
    • This isn't a valid email address.
      Please enter your email address.
    • Please make a selection.
    • Please enter a message.
Contact Us Today