Paul Horton: Marital Property in Utah

When you go through a divorce, you need to divide up the assets. Some of those assets are called marital property, while others are separate property. Figuring out what is marital property is not always easy but is an important part of your divorce.

A skilled family law attorney can help explain the intricacies of the law that governs the distribution of your property. Basically, marital property includes all the income and property that you acquired during the duration of you marriage. All of this marital property must be equitably distributed between spouses as part of the divorce. Fault is not considered in making the division.

So what types of things are included in marital property? Obvious marital property includes any real estate that you acquired during your marriage. Your home or any vacation or rental homes are examples of real property.

But marital property goes beyond real estate. It can include the furnishings in your homes, professional degrees, professional licenses, businesses, and other physical possessions such as cars, boats, or other vehicles. Income from your job can be marital property, as can stock accounts and bonuses. Pensions and trust income can also be marital property. Debts acquired while you are married are another type of marital property that needs to be divided equitably when you divorce.

Understanding a Motion for Temporary Orders

The time after you decide to divorce but before you are divorced can stretch for many months, and sometimes for years. During a divorce trial or as you negotiate with your spouse and the divorce moves forward, important decisions are made about property division, spousal and child support, and parenting issues, if there is a child involved.

But what about the time between the decision to divorce and the granting of that divorce? The bills need to be paid, and the house must be maintained — and who stays in the marital residence?

Temporary Orders is a term referring to relief gained in the interim, while your divorce is pending finalization or litigation. Working with a family law attorney experienced in divorce litigation is essential when considering Temporary Orders measures for the following reasons:

Relief granted by a Temporary Orders motion lasts until the final judgment in your divorce is entered. This may be eight months or several years, depending on your case. Understanding the support each party receives or pays in the meantime is essential.
A Motion for Temporary Orders deal with issues that include who resides in the marital home, child and spousal support, the marital house (if you have one), protection of marital assets to make sure one party doesn’t drain the retirement account (for example), payment and maintenance of health and life insurance, payment of legal fees, and protective orders, when needed, and other issues for the duration of the case.
The structure and argument of Temporary Orders motions sets a precedent that can bear on financial and other awards later ordered by the court.

The initial period after the decision to divorce is made can be emotionally and financially destabilizing. Knowledgeable legal counsel understands your situation, how best to protect your financial future and how to pursue what you desire.

Free Consultation with Divorce Lawyer

If you have a question about divorce law or if you need to start or defend against a divorce case in Utah call Ascent Law at (801) 676-5506. We will help you.