This blog entry is not a statement of law, but offers an example of how the court may view things generally.  There are many many reasons why, in any particular case, a court may do things much differently than portrayed here.  However, this will give readers a general idea of how courts in Utah approach asset and debt distribution.

Now, draw a big circle on a piece of paper.   This is the MARITAL PIE.

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In Donald Trump’s new book Think BIG and Kick Ass in Business and Life, co-written with Bill Zanker of The Learning Annex in New York, Trump and Zanker say, “Marriage is a contract unlike any other contract in life. You marry for love. But your signature on the marriage certificate is all about rights, duties, and property. It’s a legally binding contract that knows nothing of love. If the love dies, all you have left is a resentful ex-spouse and the marriage certificate. There’s nothing more terrible than an ex-spouse with a ten-ton axe to grind, and no agreement on how your common property is to be divided. It usually leads to all-out war that is more vicious than any legal battle in business and could easily lead to your financial and emotional ruin. Always get a prenup. It’s just too risky not to.”

You might think to yourself, “Well, of course Donald Trump needs a prenup. He’s been married a bunch of times and he’s a billionaire. But I don’t have anything in my savings account, no retirement, and my house only has $10,000.00 in equity. I do not have anything worth protecting so I don’t need a prenuptial agreement. Plus, my spouse and I would never act that way.”

That line of thinking is wrong for three reasons:

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