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Distribution Type
Equitable Distribution
Division Standard
Equitable — judge decides
Income Adjustment
Equitable

Methodology

Equitable distribution

Utah recodified its domestic-relations law into Title 81 effective September 1, 2024: the old §30-3-5 division authority now lives in Utah Code §81-4-204, whose subsection (4)(c) lets the court include in the decree “any equitable orders relating to… any property, debts, or obligations” (alimony is separately governed by Part 5). The statute enumerates no property-division factor list and sets no 50/50 rule; Utah case law treats an equal division of marital property as the usual starting point of analysis, with separate property — premarital assets, gifts, and inheritances — ordinarily left with its owner.

Division Factors

The following factors are commonly evaluated under Utah law:

  1. The court may include in the decree any equitable orders relating to the parties, their children, and any property, debts, or obligations (Utah Code §81-4-406(4))
  2. The decree must specify which party is responsible for joint debts, obligations, or liabilities incurred during the marriage (§81-4-406(3)(a))
  3. The statute enumerates no property-division factor list — Utah case law supplies the framework, with equal division of marital property as the usual analytic starting point

Statute / Authority

Citation: Utah Code §81-4-204 (recodified from §30-3-5, eff. Sept. 1, 2024)

Source: https://le.utah.gov/xcode/Title81/Chapter4/81-4-S204.html

Source & verification AI draft
Citation
Utah Code §81-4-204 (recodified from §30-3-5, eff. Sept. 1, 2024)
Source URL
https://le.utah.gov/xcode/Title81/Chapter4/81-4-S204.html
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Reference Library

Utah Property Division

Utah's property-division authority was recodified from §30-3-5 into Utah Code §81-4-406 effective September 1, 2024. The section authorizes the court to include in the divorce decree any equitable orders relating to property, debts, or obligations, and requires the decree to allocate responsibility for joint debts; it enumerates no factor list and no statutory split. Utah case law treats equal division of marital property as the usual starting point of the analysis, while premarital property, gifts, and inheritances ordinarily remain with their owner.

Citation: Utah Code §81-4-406 (recodified from §30-3-5, eff. Sept. 1, 2024)

Source: https://le.utah.gov/xcode/Title81/Chapter4/81-4-S406.html

Last updated: 2026-07-23T00:37:19.834624