Miller Family Law

Asset Division

Asset Division in the State of Utah

Property Division

In Utah, courts will make an equitable division of marital property. Equitable means fair, not equal. If you can agree about how to divide your property, the judge must review the agreement to be sure that it is fair, but you do not need to go to court or hold a hearing.

Deciding what is a fair distribution of property includes several factors, such as how long the marriage has lasted, the age and health of the parties, their occupations, the amounts and sources of income and related matters.  Miller Family Law can help you plan for and receive a fair property division.

Retirement Accounts

Retirement and pension plans come in many forms and varieties.  They may include defined benefit plans, defined contribution plans, 401(k) plans, state and federal government retirement or pension plans, private employer benefits, and some military retirement benefits. Generally, anything paid into any type of retirement or pension plan by either party from the date of the marriage to the date of the divorce is marital property.


In many divorces, the couple must also divide the debts they owe in addition to the property they own. As with property division, if you can agree about how to divide the debts, the court will include that agreement in the divorce decree. If you cannot, the court will try to divide them fairly.  Generally, if there is debt associated with the property (a common example is a car loan), the person who keeps the property will have to pay the debt.

Importantly, the court's order on how to divide the debts is binding only on the parties. That means that creditors are not required to honor the division of joint debts, even if they have been notified of the court's order. If your ex fails to pay on a debt he/she was supposed to pay, the creditor may seek payment from you, and you will then have to try to collect the money from your ex through the courts by a motion to enforce the order.  Motion to Enforce Domestic Order (Order to Show Cause).