Utah Marital Settlement Agreement

Introduction

Key Things to Know

1. 1

   In Utah a court may not enter a decree of divorce until 30 days after the petition is filed (Utah Code 81-4-402(3)(a)), and a marital settlement agreement is the written contract divorcing spouses use to settle property and debt division, spousal support, and by reference custody and child support, so those terms can be incorporated into the decree that ends the marriage.

2. 2

   Utah is an equitable distribution state: on divorce the court may include equitable orders relating to the parties and to any property, debts, or obligations (Utah Code 81-4-406(4)). Marital property is divided fairly in light of the circumstances, which is not necessarily an equal 50/50 split.

3. 3

   A Utah marital settlement agreement lets the spouses set the property and debt division themselves, so you can agree to a fair division that fits your situation rather than leaving it to the court to decide what is equitable.

4. 4

   Utah has no statewide formula for alimony. A court sets the amount by weighing the factors in Utah Code 81-4-502(1), including the standard of living established during the marriage, the length of the marriage, the payee needs, the payee earning capacity, and the ability of the payor to provide support.

5. 5

   Utah caps how long alimony can last: the court may not order alimony for a period longer than the length of the marriage, unless the court finds extenuating circumstances or good cause for a longer period (Utah Code 81-4-502(7)). Time spent paying temporary alimony counts toward that period.

6. 6

   Child support follows Utah's statewide guideline, with the base combined child support obligation table at Utah Code 81-6-304; custody and child support stay subject to court approval and remain modifiable and cannot be bargained away.

7. 7

   Once the spouses agree and the court approves, the settlement terms are incorporated into the decree of divorce and become enforceable orders. The court may not enter a decree of divorce until 30 days after the petition is filed, unless it finds extraordinary circumstances (Utah Code 81-4-402(3)(a)).

Utah Requirements for Marital Settlement Agreement

• Equitable Distribution of Property

  Utah is an equitable distribution state, not a community property state. On divorce the court may include equitable orders relating to the parties and to any property, debts, or obligations (Utah Code 81-4-406(4)), dividing marital property fairly in light of the circumstances.

• Fair Division, Not Automatic 50/50

  Equitable does not mean equal. A Utah marital settlement agreement lets the spouses agree to a fair division of marital property and debts that fits their situation, rather than an automatic 50/50 split, while each spouse generally keeps separate property.

• No Statewide Alimony Formula

  Utah has no statewide formula or percentage for alimony. A court sets the amount by weighing the factors in Utah Code 81-4-502(1), including the standard of living during the marriage, the length of the marriage, the needs and earning capacity of the payee, and the ability of the payor to provide support.

• Alimony Capped at the Length of the Marriage

  Utah caps alimony duration. Under Utah Code 81-4-502(7) the court may not order alimony for a period longer than the length of the marriage, unless it finds extenuating circumstances or good cause; time spent paying temporary alimony counts toward that period.

• Child Support Follows the Guideline

  Child support follows Utah statewide guideline, with the base combined child support obligation table at Utah Code 81-6-304. A decree involving a child must include a child support order (Utah Code 81-4-406(3)(e)). Child support cannot be bargained away.

• Custody and Child Support Stay Modifiable

  Custody and child support terms in a Utah marital settlement agreement remain subject to court approval and can be modified later in the best interests of the children. These terms are never fixed the way a property division can be.

• In Writing and Signed

  A Utah marital settlement agreement must be in writing and signed by both spouses. No Utah statute requires the agreement itself to be notarized, but signing before a notary can help prove the signatures are genuine and voluntary.

• Incorporation Into the Decree

  Once the court approves the settlement, its terms are incorporated into the decree of divorce as equitable orders (Utah Code 81-4-406(4)). The court may not enter a decree until 30 days after the petition is filed, unless it finds extraordinary circumstances (Utah Code 81-4-402(3)(a)).