Equitable distribution in Utah refers to the legal principle used to divide marital assets and debts fairly—but not necessarily equally—between spouses during a divorce.

Definition:

• Equitable distribution means that the division of property is based on what is fair and just under the circumstances of the marriage, rather than a strict 50/50 split.
• It applies to marital assets and debts accumulated during the marriage, including real estate, possessions, retirement accounts, dividends, and benefits, regardless of which spouse holds the title or policy.

Key Principles:

• Fairness over equality: The court aims for a fair allocation, which may result in one spouse receiving a larger share depending on the situation.
• Marital vs. separate property: Only marital property is subject to division; separate property (e.g., assets owned before marriage or inherited) is generally excluded.
• Factors considered: Courts evaluate multiple factors to determine fairness, including:
  • Length of the marriage
  • Each spouse’s contributions (financial and non-financial)
  • Health and age of each spouse
  • Occupations and earning capacities
  • Future financial needs and obligations
  • Prenuptial agreements or inherited assets

Process:

• If spouses agree on property division (often through mediation), the court reviews the agreement for fairness and reasonableness before approval.
• If no agreement is reached, the court decides the equitable distribution based on the above factors and issues a final judgment as part of the divorce decree.

In summary, equitable distribution in Utah ensures a just and individualized division of marital property, reflecting the unique circumstances of each divorce case rather than a mechanical equal split.