How is property divided during a divorce in Michigan?
Anna Tsaturova
Michigan managing attorney at Marble Law
Key Takeaways
- Michigan follows equitable distribution rules to divide property in a divorce.
- Marital property isn’t necessarily split 50/50, though.
- Most often, only marital property is divided and each spouse gets to keep their separate property.
Property is divided equitably in a divorce in Michigan. This doesn’t always mean the property is split 50/50, but it typically is.
A judge may veer from an equal split, however, if they determine that one spouse is at fault for the marriage falling apart or if one spouse needs more financial support once the divorce is finalized.
To decide what makes for a fair division of property, Michigan courts consider factors such as:
- The length of the marriage
- Each spouse’s contribution to the marital estate, including if one spouse was a homemaker
- Each spouse’s age
- Each spouse’s health
- Each spouse’s needs
- How much each spouse can earn
- If one spouse is at fault for the breakdown of the marriage
- Any other factors the court deems worthy
What is marital property?
Most of the time, only marital property is divided in a Michigan divorce. Marital property is anything obtained during the marriage that’s owned by both spouses. This may include:
- A house
- Cars
- Investments
- Retirement plans
- A business established or acquired during the marriage
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What is separate property?
Separate property is anything owned by one spouse prior to the marriage or any gifts or inheritances one spouse received during the marriage. Most separate property remains with its respective spouse.
However, separate property may be divided in a divorce in some circumstances. An experienced Michigan divorce attorney can help you determine what property is rightfully yours.
Can we agree to our own terms for dividing marital property?
If you wish to try to avoid going to court (and the costs and time associated with doing that), you and your spouse may want to consider reaching an agreement about property division.
You can do this by yourself or with the help of a mediator. This is a neutral third party who helps spouses communicate and try to see eye to eye.
Either way, you must put your divorce settlement agreement in writing. It may help to work with an attorney to do this, because a lawyer can check that the agreement represents your best interests and addresses all the points it should. You must then present the agreement to a judge, who will decide if it’s fair. If so, they typically approve the agreement.
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