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Utah

JURISDICTIONAL END OF MARRIAGE DATE: Date of Divorce Decree. If not divorced use current date.

STATE TYPE FOR PENSION EVALUATION: Utah is an "equitable distribution" state. Utah courts recognize the principles of equitable distribution, in that all of the parties' property will be divided by the court in a manner that the court determines is equitable to each party.

[Utah Code Annotated; Sections 30-3-5 and 30-3-12].


Utah Code Ann. § 30-2-6

Actions based on property rights.

Should the husband or wife obtain possession or control of property belonging to the other before or after marriage, the owner of the property may maintain an action therefor, or for any right growing out of the same, in the same manner and to the same extent as if they were unmarried.

Utah Code Ann. § 30-3-5

Disposition of property - Maintenance and health care of parties and children-Division of debts - Court to have continuing jurisdiction - Custody and parent-time - Determination of alimony - Nonmeritorious petition for modification.

(1) When a decree of divorce is rendered, the court may include in it equitable orders relating to the children, property, debts or obligations, and parties.

The court shall include the following in every decree of divorce:

* * *

(c) pursuant to Section 15-4-6.5:

(i) an order specifying which party is responsible for the payment of joint debts, obligations, or liabilities of the parties contracted or incurred during marriage;

(ii) an order requiring the parties to notify respective creditors or obligees, regarding the court's division of debts, obligations, or liabilities and regarding the parties' separate, current addresses; and

(iii) provisions for the enforcement of these orders; and

(d) provisions for income withholding in accordance with Title 62A, Chapter 11, Recovery Services.

* * *

(8)(e) When a marriage of long duration dissolves on the threshold of a major change in the income of one of the spouses due to the collective efforts of both, that change shall be considered in dividing the marital property and in determining the amount of alimony. If one spouse's earning capacity has been greatly enhanced through the efforts of both spouses during the marriage, the court may make a compensating adjustment in dividing the marital property and awarding alimony.

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