Whenever going through a divorce in Utah, the ideal solution for splitting up assets is to work together to come up with a way to divide everything up that works for both parties. This may be able to be done using a mediator or other resource. If you can’t come to an agreement, however, the courts will step in and work with you to decide how the division of property will be executed. Utah is an ‘equitable distribution’ state, which means that the courts will try to divide up assets in the fairest manner possible, even if that is not necessarily perfectly equal.
Factors Considered in Division of Property
As an equitable distribution state the courts are instructed to try to divide assets in such a way that both parties exit the divorce in the best possible position. In a perfect world, that would likely mean that all assets are split up exactly evenly. Of course, the world is far from perfect so the courts need to factor in a number of things, including the following:
- Income – The current and potential income of each party is factored in when splitting up existing assets.
- Children – Courts work hard to make sure that the parent who has primary physical custody of the children has the necessary assets to give them the care they need.
- Separate Property – Some types of property and assets are considered separate, which means they stay with the person who brought them to the marriage. A cottage that the husband had prior to the marriage, for example, would likely go back to him.
- Medical Needs – If one or both spouses has medical concerns, they may be factored in.
- Other – The judge is given a fair amount of flexibility in what else he or she takes into consideration when dividing assets.
Courts typically won’t be able to take emotional factors into account when dividing up assets. For example, if you have always loved a particular set of china, it still may go to the other party. The courts can’t take the time to determine which party loved each asset more, which is why it is such a good idea to work with both attorneys outside of the courtroom to split up as many of the assets as possible.
Fighting for Your Interests
While the courts work hard to split up property as fairly as possible, they can’t possibly take every important factor into account because they just don’t know or understand your unique circumstances. This is why it is so important to have an attorney fighting on your behalf to help get what you are entitled to when it comes to division of property in a divorce.
Contact the law office of Arnold, Wadsworth & Coggins and let us fight to protect your best interests in your divorce and help ensure your property is actually divided as fairly as possible.
