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♦ “In determining whether a certain division of property is equitable, . . . the relative abilities of the spouses to support themselves after the divorce are pertinent to an equitable . . . division of the fixed assets of the marriage.”). Newmeyer v. Newmeyer, 745 P.2d 1276, 1279 n.1 (Utah 1987).
♦ Source of the property (gift, bequest, wages, etc.).
♦ Relative health of the parties.
♦ Duration of the marriage.
♦ Education of the spouses.
♦ The allocation of debts and child support.
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Therefore, the court could grant you 60% of the property and her 40%, depending on its assessment of these factors.
I hope you found my answer helpful, even if the law is not in your favor. I would be happy to clarify my answer if anything is not clear or you are looking for additional information. All the best to you!
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