Property Division

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

By |February 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 |December 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 |December 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 |November 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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We’re Getting Divorced; What Do We Do with the Timeshare?

By |November 28th, 2017|Categories: Property Division|

Some things are easy to divide in Utah divorce, and then some things are difficult. For example, bank accounts are easy because all you do is split the money and cash is easily divisible. On the other hand, splitting a home is more difficult because you have to sell the home and then split the equity. [...]

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How Do You Value Airline Miles in a Utah Divorce?

By |November 25th, 2017|Categories: Property Division|

In our firm, we’ve divided a lot of marital assets in divorce. We’ve divided time with pets (dogs usually, no one cares about cats very much). We’ve divided garden gnome collections. We’ve divided cows — literally. We’ve divided most anything you can think of. We’ve even divided airline miles. You know, those airline miles you get [...]

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Is our Home Marital Property or Separate Property in the Divorce?

By |November 13th, 2017|Categories: Property Division|

A home is usually a couple’s biggest asset. As the biggest asset.it plays a very large role in divorce negotiations. Getting the home wrong in divorce can cost you tens-of-thousands of dollars. Marital Property v. Separate Property In Utah divorces, there are two types of property: marital and separate. Marital property is, you guessed it, property [...]

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Stock Options in Utah Divorces: The Difficulties and How Things Normally Work Out

By |October 24th, 2017|Categories: Property Division|

When people divorce, they divide their stuff. Stuff can be anything from personal property (e.g. clothes, jewelry, furniture) to homes to retirement accounts. If you have stuff, it’s going to be divided during divorce. Utah is what we call an equitable division of the assets state. Equitable means fair, and fair usually means a 50/50 split. [...]

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Vanderzon v. Vanderzon, 2017 UT App 150, A.K.A., We Spent How Much on the Divorce?

By |August 28th, 2017|Categories: Alimony, Child Custody, Child Support, Property Division|

There are expensive divorces, and then there are expensive divorces. Vanderzon v. Vanderzon is one of the former divorces. We’ll get to how much in a minute, but suffice it to say, it costs a lot of money to employee six different law firms and engage in scorched earth litigation. Here are the basics: Rich people [...]

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How Can We Divide our Personal Property in Divorce?

By |August 18th, 2017|Categories: Property Division|

We deal with two types of property in Utah divorces: real property and personal property. Real Property v. Personal Property Real property is where all the money is. We’re talking about homes, farms, buildings, etc. Personal property is less sexy, more mundane. Personal property is you own that isn’t real property, e.g.: clothes, jewelry, furniture, cars, [...]

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