When is a Family Trust Considered Marital Property in a Divorce?

A Family Trust May Be Considered Marital Property in Some Cases Smith v. Smith involves an appeal from a divorce decree, with a claim that the trial court misinterpreted the terms of a family trust and, consequently, improperly allocated certain property between the spouses. Sharon Smith and Keith Smith were married in 1979. Sharon’s mother[…]

Dividing a Personal Injury Award in a Utah Divorce

Dividing a Personal Injury Award Comes Before Determining Alimony In a divorce action the court is required to determine how to divide the spouses’ property and whether alimony should be awarded. Property division comes first.  See Batty v. Batty, 153 P.3d 827, 829 (Utah Ct. App. 2006) (citing Burt v. Burt, 799 P.2d 1166, 1170 n.3[…]