(801) 254-9450 Under state law, judges divide the property of a divorcing couple by using a legal guideline known as equitable distribution. Although it sounds simple, this process can quickly become complex depending on your finances, assets, and debts allocated during your marriage.
At Carr | Woodall, our skilled property division attorneys frequently help with determining an equitable distribution in South Jordan divorce cases. Let our team answer your questions and help you prepare for what to expect.
When it comes to dividing property in a divorce case in South Jordan, state law relies on a system known as equitable distribution. Unlike other states that generally split these assets in half, Utah divides the property in a way that is fair, even if one party gets more than the other. That said, it is not uncommon for the equitable outcome to be an even split.
The court focuses on reaching a fair result rather than applying a strict formula. That may mean one spouse may keep certain assets, such as the family home, while the other receives assets to balance things out. It is worth noting that equitable distribution only applies to marital property. Assets and debts owned individually do not use this approach. Our attorneys could explain how the process works, help you understand what property equitable distribution affects, and ensure your rights are protected.
In South Jordan, the courts cannot determine how to equitably divide property without categorizing it first. The law divides property into two main categories: marital and separate. Marital property generally includes assets and debts acquired during the marriage, regardless of whose name is on the title or account.
Separate property usually includes assets owned before the marriage or received individually through a gift or inheritance. In most cases, the court awards separate property to the original owner.
However, separate property can lose its protected status if it is commingled with marital assets. For example, depositing inherited funds into a joint account or using separate property for shared expenses can make it harder to trace and protect. Our attorneys are knowledgeable and experienced with asset categorization and could help you determine if your assets are protected as separate property.
When determining an equitable distribution of marital assets in South Jordan, state courts look at several factors. The goal is to reach a fair outcome based on the specific facts of your divorce case.
Longer marriages often lead to a more equal division of property. In shorter marriages, the court may try to place each spouse closer to their financial position before the marriage.
In many cases, the court awards a larger share of the marital property to the spouse with fewer assets. However, the court takes into account what each spouse contributed financially.
The court also considers the contributions to the marriage. This goes beyond financial support, including tasks such as raising children or managing the household.
The court will also look at the nature of the property, as well as where it came from. Remember, judges will only divide assets that the spouses own together. Individual property held by one party does not form part of this calculation.
The process of determining an equitable distribution in South Jordan can be complex, but Carr | Woodall is here to help. We could assess your assets and debts and help you determine what is considered marital and separate property under the law, and help you protect your right to a fair distribution. Reach out to our attorneys today for guidance.