HB 603

02-26 09:00  H.B. 603
1Divorce Amendments
                                        2026 GENERAL SESSION
                                                STATE OF UTAH
                                       Chief Sponsor: Doug Owens
                                                 Senate Sponsor:
2
3   LONG TITLE
4   General Description:
5This bill amends statutory provisions related to divorce.
6   Highlighted Provisions:
7This bill:
8▸ defines "marital property" for statutory provisions related to divorce;
9▸ provides the requirements for the equitable distribution of marital property in a divorce;
10   and
11▸ makes technical and conforming changes.
12   Money Appropriated in this Bill:
13None
14   Other Special Clauses:
15None
16   Utah Code Sections Affected:
17   AMENDS:
1881-4-401, as enacted by Laws of Utah 2024, Chapter 366
1981-4-406, as last amended by Laws of Utah 2025, Chapter 479
20
21   Be it enacted by the Legislature of the state of Utah:
22Section 1. Section 81-4-401 is amended to read:
2381-4-401 . Definitions for part.
                                                                                                         H.B. 603
24As used in this part:
25   (1) "Cohabitation" means the same as the term, "cohabit," is defined in Section 81-4-501.
26   (2) "Mandatory courses" means:
27(a) the mandatory divorce orientation course described in Section 81-4-105; and
28(b) the mandatory parenting course described in Section 81-9-103.
29   (3)(a) "Marital property" means any property, debt, or obligation acquired by a spouse,
30or both spouses, during the marriage.
H.B. 603  02-26 09:00
31      (b) "Marital property" includes:
32(i) any property, debt, or obligation that was acquired before the marriage by a
33spouse and the property, debt, or obligation has become mixed in with a property,
34debt, or obligation acquired during the marriage, to the extent that it is no longer
35reasonably possible to distinguish between the property, debt, or obligation that
36was acquired before the marriage; or
37(ii) a spouse's property, debt, or obligation that was acquired before the marriage for
38which the other spouse has augmented, maintained, or protected and acquired an
39equitable interest in the property, debt, or obligation.
40      (c) "Marital property" does not include:
41(i) except as provided in Subsection (3)(b), any property, debt, or obligation acquired
42before the marriage;
43(ii) any property acquired by gift, bequest, devise, or descent;
44(iii) any property acquired in exchange for property acquired before the marriage or
45in exchange for property acquired by gift, bequest, devise, or descent;
46(iv) any property, debt, or obligation excluded by valid agreement of the spouses; or
47(v) any increase in value of property described in Subsection (3)(c)(i) through (iv).
48  [(3)] (4) "Petitioner" means the individual who brings a petition for divorce.
49  [(4)] (5) "Respondent" means the individual against whom a petition for divorce is brought.
50Section 2. Section 81-4-406 is amended to read:
5181-4-406 . Decree of divorce -- When decree becomes absolute -- Remarriage --
52  Jurisdiction to modify a decree for a child born after the decree.
53  (1)(a) The court shall enter a decree of divorce upon the evidence or the petitioner's
54      affidavit in the case of default as described in Subsection (1)(b).
55      (b) A court may not grant a divorce upon default, unless there is evidence to support a
56decree of divorce upon an affidavit by the petitioner as provided by Rule 104 of the
57Utah Rules of Civil Procedure.
58  (2) Unless the requirement is waived by the court under Subsection 81-4-402(5), a court
59      may not grant a decree of divorce for parties with a minor child until:
60      (a) both parties have attended the mandatory courses described in Sections 81-4-105 and
6181-4-106; and
62      (b) both parties have presented a certificate of course completion for each course to the
63court.
64  (3) In a decree of divorce, the court shall:
                                                 -2-
02-26 09:00  H.B. 603
65(a) specify which party is responsible for the payment of joint debts, obligations, or
66liabilities of the parties contracted or incurred during marriage in accordance with
67Section 15-4-6.5;
68(b) require the parties to notify respective creditors or obligees, regarding the court's
69division of debts, obligations, or liabilities and regarding the parties' separate and
70current addresses in accordance with Section 15-4-6.5;
71(c) provide for the enforcement of the orders described in Subsections (1)(a) and (b);
72(d) if a party owns a life insurance policy or an annuity contract, include an
73acknowledgment by the court that the party:
74(i) has reviewed and updated, where appropriate, the list of beneficiaries;
75(ii) has affirmed that those listed as beneficiaries are in fact the intended beneficiaries
76after the divorce becomes final; and
77(iii) understands that, if no changes are made to the policy or contract, the
78beneficiaries currently listed will receive any funds paid by the insurance
79company under the terms of the policy or contract; and
80(e) if the parties have a child as defined in Section 81-6-101, include:
81(i) an order for child support and medical expenses as described in Chapter 6, Child
82Support;
83(ii) a provision in the child support order that requires payment of an ongoing
84expense for child care subject to the procedures and requirements of Section
8581-6-209.5; and
86(iii) a statement providing notice that the Office of Recovery Services provides
87services to individuals who are seeking assistance in the collection or enforcement
88of child support orders.
89   (4) [The] Subject to Subsection (5), the court may include in the divorce decree any
90equitable orders relating to:
91(a) the parties, including any alimony to be awarded to a party in accordance with Part 5,
92Spousal Support;
93(b) a child of the parties; and
94(c) any [property, debts, or obligations] marital property.
95   (5)(a) The court shall presume under Subsection (4) that marital property be divided
96equally between the parties.
97(b) A party may overcome the presumption described in Subsection (5)(a) by
98establishing that there is an exceptional circumstance that warrants marital property
                                                 -3-
 H.B. 603  02-26 09:00
99be divided unequally between the parties.
100      (c) An exceptional circumstance under Subsection (5)(b) includes:
101(i) a party substantially undermining the financial stability of the other party or a
102minor child of the parties; or
103(ii) the wasteful, irresponsible, or intentional depletion of marital property by a party
104in anticipation of a divorce.
105  [(5)] (6) A decree of divorce becomes absolute:
106      (a) on the date it is signed by the court and entered by the clerk in the register of actions;
107      (b) at the expiration of a period of time the court may specifically designate, unless an
108appeal or other proceedings for review are pending;
109      (c) if an appeal is taken, when the decree is affirmed; or
110      (d) when the court, before the decree becomes absolute, for sufficient cause otherwise
111orders.
112  [(6)] (7) The court, upon application or on the court's own motion for good cause shown,
113      may waive, alter, or extend a designated period of time before the decree becomes
114      absolute, but not to exceed six months from the signing and entry of the decree.
115  [(7)] (8) A party to a divorce proceeding may not marry another individual other than the
116      other party for whom the divorce was granted until the party's divorce becomes absolute.
117  [(8)] (9) The court has jurisdiction to modify a decree of divorce to address child support,
118      parent-time, and other matters related to a minor child born to the parties after the decree
119      of divorce is entered.
120Section 3. Effective Date.
121  This bill takes effect on May 6, 2026.
                                                  -4-