Utah law requires that the division of marital property be fair, but not necessarily equal. Even in uncontested divorces or annulments in which the parties have agreed on the division of property, a judge still must review the agreement to ensure fairness. Once the divorce is final, property division cannot be reopened except in rare circumstances. Factors that Utah courts consider when dividing assets include:

  • Length of the marriage
  • Age and health of the spouses
  • Occupations of the spouses
  • Income and earning potential of the spouses

For long-term marriages, a judge applies the relevant factors and decides whether it is fair to give one party more or less than 50 percent of the property. In the case of short-term marriages, the court may try to put the parties back into the economic situations they had before the marriage.