Utah, Vermont & Wyoming Divorce Property Division: The Complete 2026 Guide

Utah underwent a major recodification in September 2024, moving all family law provisions from Title 78B to Title 81. Old citations like §78B-12-301 (child support) are now §81-6-304. Both old and new citations remain legally valid during the transition period.

Utah is an equitable distribution state that divides only MARITAL property. Separate property (premarital, gifts, inheritances) is protected. There is no 50/50 presumption. Courts consider nonmonetary contributions, earning capacity, and needs.

Utah alimony under §30-3-5(8)(a) (recodified to Title 81) uses 7 statutory factors: financial condition/needs, earning capability, ability to pay, marriage length, minor children custody, whether recipient worked in payor's business, and whether recipient paid for payor's skill increase. Duration is generally limited to the length of the marriage (rebuttable). Utah has one of the strongest cohabitation termination rules — if the recipient cohabits, alimony terminates automatically.

Child support uses the income shares model on combined GROSS income with a low-income threshold of $1,951/month (raised in 2023). Utah has a flat 4.5% state income tax. 90 days in county for residency, irreconcilable differences for no-fault, and a 90-day mandatory waiting period.

Vermont takes one of the broadest approaches to property division in the country. Under 15 VSA §751, ALL property is subject to court jurisdiction "however and whenever acquired" — including premarital assets, gifts, and inheritances. Nothing is automatically excluded.

Vermont uses the term "maintenance" (not alimony or spousal support). Under 15 VSA §752, maintenance is available if the recipient (1) lacks sufficient income/property for reasonable needs AND (2) is unable to support self through employment, OR is custodian of a child requiring home care. Vermont strongly prefers rehabilitative maintenance.

Vermont child support under 15 VSA §656 uses the income shares model on "available income" (gross minus taxes, FICA, prior CS, health insurance). The self-support reserve is $1,596/month (effective Feb 2, 2026). Presumed income is $95,449.50/year (effective July 1, 2025).

Vermont has a two-step residency requirement: 6 months of residency to FILE + 1 year before the DECREE can be entered. For no-fault, the parties must live separate and apart for 6 months. State tax is progressive 3.35-8.75%.

Wyoming divides ALL property including premarital assets, inheritances, and gifts under WS §20-2-114. The court applies a "just and equitable" standard with 4 statutory factors: (1) "respective merits of the parties" (an unusual statutory phrase), (2) condition in which parties will be left, (3) party through whom property was acquired, (4) burdens imposed on property.

Wyoming's child support formula under WS §20-2-304 uses the income shares model on combined NET monthly income. The unique feature is the 25% overnight threshold (91+ nights) with a 150% multiplier for shared custody — each parent's obligation is calculated at 150% of the basic amount, then cross-offset to determine the net payment.

Wyoming alimony is described as "reasonable alimony out of the estate of the other having regard for the other's ability" (WS §20-2-114). There is no formula and no statutory cap. Practitioners note an informal 1-year/3-year guideline depending on marriage length.

Wyoming has NO state income tax, 60-day residency requirement, irreconcilable differences for no-fault, and a 20-day waiting period after service.

Utah: Income shares child support on combined GROSS (§81-6-304 recodified), 7-factor alimony with marriage-length duration limit (§30-3-5(8)(a)), and equitable distribution of marital property only. Flat 4.5% state tax applied.

Vermont: Income shares child support on combined available income (15 VSA §656) with $1,596/mo self-support reserve, rehabilitative maintenance analysis (15 VSA §752), and ALL-property division (15 VSA §751). Progressive 3.35-8.75% tax applied.

Wyoming: Income shares child support on combined NET with 150% shared custody multiplier (WS §20-2-304), discretionary alimony (WS §20-2-114), and ALL-property division with "respective merits" factor. No state income tax.

All numeric outputs are produced by deterministic calculators, then Claude writes the narrative analysis. The numbers are auditable against the statute. This completes 50-state coverage.