Understanding Separate Debts in Utah Family Law: Your Rights and Liabilities

Separate Debts

At Ellsworth Law Firm, we prioritize empowering our clients with knowledge and understanding of family law matters. Today, we explore the concept of separate debts in Utah, as outlined in Utah Code § 30-2-5, and its implications for spouses.

Understanding Separate Debts:

Utah Code § 30-2-5 delineates the rights and liabilities of spouses regarding separate debts. Let’s break down the key provisions of this statute:

Separate Debts and Liabilities:

Neither spouse is personally liable for the separate debts, obligations, or liabilities of the other. These debts include those contracted or incurred:

  1. Before marriage.
  2. During marriage, except for family expenses as provided in Section 30-2-9.
  3. After divorce or an order for separate maintenance, except for certain expenses incurred on behalf of a minor child.
  4. Ordered by the court to be paid by the other spouse under specific sections of the Utah Code.

Protection of Income:

The wages, earnings, property, rents, or other income of one spouse cannot be reached by a creditor of the other spouse to satisfy a debt, obligation, or liability of the other spouse, as described under Subsection (1) of Utah Code § 30-2-5.

Implications for Spouses:

Understanding the concept of separate debts is essential for spouses, as it delineates their financial responsibilities and protects their individual assets. This statute provides clarity on the extent of each spouse’s liability for debts incurred before, during, and after marriage.

How Ellsworth Law Firm Can Help:

At Ellsworth Law Firm, our experienced Lehi family law attorney is dedicated to protecting the rights and interests of our clients. Whether you’re facing issues related to separate debts, divorce, or any other family law matter, we’re here to provide comprehensive legal guidance and advocacy.

Our attorney has a deep understanding of Utah’s family law statutes and is committed to helping you navigate complex legal processes with confidence. We’ll work tirelessly to ensure that your rights are upheld and that you receive the guidance and support you need to achieve a favorable outcome.


Understanding separate debts in Utah family law is crucial for spouses to protect their individual financial interests and liabilities. By consulting with knowledgeable legal professionals, you can navigate these complexities with clarity and confidence.

For personalized legal assistance and guidance on Utah family law matters, contact Ellsworth Law Firm today for a free initial consultation. Stay tuned for more informative content!