Property Division

How Do You Deal with Non-Vested Pensions in Utah Divorce?

By |2018-12-05T09:39:17+00:00December 5th, 2018|Categories: Property Division|

A few months ago, Steve’s wife came to him and said she wasn’t happy and was thinking about ending their marriage. Steve was, needless to say, surprised. Since then, Steve and his wife have worked on things and have tried counseling. Nothing’s worked. Eventually, Steve’s wife filed for divorce. One of the issues Steve is trying [...]

Sarah’s Getting Divorced — How Did this Happen, and What Now?

By |2018-11-30T09:22:16+00:00November 30th, 2018|Categories: Alimony, Child Custody, Child Support, Divorce Mediation, Flat Fees, Property Division, Uncategorized|

Sarah married her husband what seems like forever ago. That was a time of such joy and hope. Back then, Sarah felt like she was on top of the world and that her life had such potential. Sarah and her husband got through school and had kids. These births were, of course, filled with joy and [...]

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Who Pays the Credit Cards in Utah Divorces?

By |2018-11-23T09:23:45+00:00November 23rd, 2018|Categories: Property Division|

Maybe you’re thinking about divorce, but you’re scared because you have a lot of debt and you’re not sure what will happen to it in divorce. Take solace: you are not alone. This is a really big concern for many people thinking about divorce. Now, debt comes in different forms. Most people have house debt, but [...]

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My Ex Won’t Pick Up her Stuff from the House; What Should I Do?

By |2018-03-22T12:09:13+00:00March 22nd, 2018|Categories: Property Division|

Lots of weird things happen in Utah divorces. One of the stranger things is when people fight for personal property (i.e., clothes, TVs, furniture, beds, etc.) and then never come pick it up. It happens more often than you would think. I’m not sure why. Maybe it’s laziness, maybe it’s lack of time, maybe someone simply [...]

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Can my Ex Get my Separate Non-Marital Property in the Divorce?

By |2018-03-06T17:26:40+00:00March 6th, 2018|Categories: Alimony, Child Support, Property Division|

One of the most common questions people ask me is something like this: “can my ex get my non-marital property in the divorce?” In Utah, the general answer is “no.” This is because non-marital property (Utah divorce attorneys call it “separate property”) doesn’t belong to the marriage. Since it doesn’t belong to the marriage, the court [...]

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Memorandum about Utah Divorce Alimony and More

By |2018-03-05T11:21:03+00:00March 2nd, 2018|Categories: Alimony, Property Division|

I. ALIMONY. There are three standards the Court can use to determine alimony. They are alimony based on the Jones factors, Parties' standard of living, and fault. UTAH CODE § 30-3-5(8). First, in Jones v. Jones, 700 P.2d 1072 (Utah 1985), the Utah Supreme Court gave three factors a court should examine when considering the needs [...]

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Should You Take a Lump-Sum Property Settlement or a Lump-Sum Alimony Payment?

By |2018-03-03T07:14:16+00:00February 23rd, 2018|Categories: Alimony, Property Division|

In divorce, words matter. Sometimes, they matter a lot. One situation in which they matter a lot is when you’re deciding how you’re going to take a lump-sum divorce payment. (Note: What I mean by “lump sum” is you get all of the money now instead of spreading it out over time. For example, a lump-sum [...]

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Do We Pay Taxes if We Divorce and Split the IRA?

By |2017-12-19T17:02:25+00:00December 19th, 2017|Categories: Property Division|

Divorce turns a marriage into a business transaction. That’s an unfortunate but true statement. A big part of that business transaction is splitting assets — including retirement assets. One of the most common type of retirement asset we deal with in Utah divorces is money in the IRA. Almost no one has a pension anymore, so [...]

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Do We Pay Taxes if We Divorce and Split the 401(k)?

By |2017-12-19T14:24:58+00:00December 19th, 2017|Categories: Property Division|

Divorce turns a marriage into a business transaction. That’s an unfortunate but true statement. A big part of that business transaction is splitting assets — including retirement assets. The most common type of retirement asset we deal with in Utah divorces is money in the 401(k). Almost no one has a pension anymore, so it’s usually [...]

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We’re Getting Divorced; What Happens to our Student Loans?

By |2017-11-29T17:12:39+00:00November 29th, 2017|Categories: Alimony, Property Division|

One of the most common types of debt we deal with in Utah divorces is student loans. This isn’t surprising because when people have student loans, they generally have them for a long time. Like Sallie Mae move in to the spare bedroom long time. So, what happens to student loans in divorce? How are they [...]

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