Best Family Law Attorneys in Millcreek, UT

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).