# The Division of Retirement and Pension Benefits in Utah | Brown Family Law

When a couple is getting a divorce in Utah, the law requires that their marital property be distributed fairly, which is called equitable distribution. Money that the spouses contribute to any type of retirement or pension plan during the marriage is considered marital property and is subject to equitable distribution.

The types of retirement and pension benefits that spouses may contribute to include 401(k)s, employer benefits, defined payment plans and defined benefit plans. Some military retirement plans as well as government pensions and retirement plans may also be included if either of the two spouses contributed to them.

Get Clear Guidance for Your Divorce

[Schedule a Consultation](https://www.brownfamilylaw.com/contact-us/)

When it comes time for the [equitable distribution](https://www.brownfamilylaw.com/salt-lake-city-ut/property-division-lawyer/) of marital property, each spouse may be granted his and her own retirement or pension benefits if both spouses had a plan. Utah courts generally allow spouses who contribute to the retirement or pension benefits to keep those benefits while the other spouse is compensated with property of equal worth, such as cash or home equity. However, the benefits may be split if no property of equal worth is available to compensate the other spouse.

A Calmer, Clearer Way Through Divorce

[Talk to Our Team](https://www.brownfamilylaw.com/contact-us/)

While spouses could agree on the equitable distribution of retirement or pension accounts on their own accord, this does not always work out. When couples cannot come to an agreement on their own, the court applies a formula to determine how the benefits are divided. This formula splits the value of the benefits in half and multiplies the result by the duration of the marriage in years. That result is then divided by the total years that the spouse worked. However, some factors that can impact this formula include any unreasonable actions of a spouse and when the couple separated.

![Brown Law Logo](https://www.brownfamilylaw.com/wp-content/themes/brown-family-law/assets/app/img/logo-white.png)

Support Through Your Toughest Transition

[Call ![call-arrow](https://www.brownfamilylaw.com/wp-content/themes/brown-family-law/assets/app/svg/cta-call.svg)801-685-9999](tel:+18016859999)

When the spouses agree on the matter of property division, a judge has to review the agreement to ensure that it is fair. The spouses may find that lawyers are able to better protect their rights during this process, because property division agreements cannot be changed after they are finalized, unless there are special circumstances.

**Source: **Utah Courts, “Retirement and pension plan benefits”, December 01, 2014

Division of Property Blog Posts:    [![Property Division in Utah Up to the Court for Fair Distribution](https://www.brownfamilylaw.com/wp-content/uploads/property-division-in-utah-up-to-the-court-for-fair-distribution-300x169.jpg)](https://www.brownfamilylaw.com/blog/property-division-in-utah-up-to-the-court-for-fair-distribution/)

### [Property Division in Utah Up to the Court for Fair Distribution](https://www.brownfamilylaw.com/blog/property-division-in-utah-up-to-the-court-for-fair-distribution/)

One issue that must be hashed out in a divorce is property division. Any property that was acquired during the marriage

[![Living in an Equitable Division State](https://www.brownfamilylaw.com/wp-content/uploads/living-in-an-equitable-division-state-300x200.jpg)](https://www.brownfamilylaw.com/blog/living-in-an-equitable-division-state/)

### [Living in an Equitable Division State](https://www.brownfamilylaw.com/blog/living-in-an-equitable-division-state/)

Going through a divorce is a very difficult, life-altering event. Besides deciding and outlining child custody

[![Dividing the Home in a Divorce](https://www.brownfamilylaw.com/wp-content/uploads/dividing-the-home-in-a-divorce-300x198.jpg)](https://www.brownfamilylaw.com/blog/dividing-the-home-in-a-divorce/)

### [Dividing the Home in a Divorce](https://www.brownfamilylaw.com/blog/dividing-the-home-in-a-divorce/)

Utah couples who are in the midst of a divorce must consider the aspect of property division. Typically, the division

[![The Division of Marital Property in Utah](https://www.brownfamilylaw.com/wp-content/uploads/the-division-of-marital-property-in-utah-300x200.jpg)](https://www.brownfamilylaw.com/blog/the-division-of-marital-property-in-utah/)

### [The Division of Marital Property in Utah](https://www.brownfamilylaw.com/blog/the-division-of-marital-property-in-utah/)

While many divorcing Utah couples hope that the process will unfold amicably, matters can sometimes become contentious.

---

Source: https://www.brownfamilylaw.com/blog/the-division-of-retirement-and-pension-benefits-in-utah/