As of April 24th, 2025, the United States District Court for the District of Utah has ordered a temporary stay of S.B. 199.
The Utah State Courts are processing guardianship cases under existing law, but are excluding all of S.B. 199's provisions until the stay is lifted or amended. Learn more

Debt Division

Division of debts from a marriage

Money questions in divorce can be tricky. And hard to change once the court signs a decree. You may want a licensed professional to look at your papers before you file. See our Finding Legal Help page to learn more.

How are debts divided in divorce?

Generally:

  • If you and your spouse agree on dividing debts, the court will include your agreement in the divorce decree
  • If you cannot agree, the court will try to divide debts fairly
  • If a debt is tied to property (like a car loan), the person keeping the property pays the debt
  • You and your spouse share responsibility for debts taken on together for the family
  • You are not responsible for your spouse's personal debts unless you agreed to pay

What a divorce decree dividing debt means

  • A court order dividing debt is only binding for you and your spouse, except for medical debts for children.
  • Creditors don't have to follow the court order on dividing joint debts. This means if your spouse doesn't pay a debt they're supposed to, the creditor can seek payment from you. If you pay the debt, you could get reimbursed from your ex by filing a Motion to Enforce Order.
  • A creditor must follow the court order on medical debts for children if given a copy.

Utah Code Section 15-4-6.5 and Section 15-4-6.7 govern the division of marital debts.

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