When getting a divorce in Michigan, it's important to know how assets are divided. Michigan is an equitable distribution state, meaning marital assets are split fairly. This includes physical property, bank accounts, retirement accounts, and real estate. The court determines which assets are marital and divides them fairly.
Factors considered are the length of the marriage, each spouse's contribution to assets, age and health, income and earning potential, real property, need for spousal support, and any pre- or post-nuptial agreements. Both spouses are entitled to a fair distribution of wealth.
An experienced Dearborn divorce attorney from Clarity Family Law can help ensure you receive what you're entitled to. Call today at 313-513-1919 to receive a free consultation!
Types of Property in a Michigan Divorce
In a Michigan divorce, the division of property is crucial. Michigan follows equitable distribution, meaning all assets acquired during marriage are divided.
Separate Property
In a Michigan divorce, separate property refers to any assets that either spouse owned before the marriage or acquired after the date of separation. This includes inheritances, gifts, or personal items.
During a divorce settlement, each spouse has the right to retain their separate property, regardless of whether it was used to purchase marital assets. It is important to understand that separate property will not be divided during the Michigan divorce process.
Marital Property/Assets
When a married couple in Michigan decides to get a divorce, it is important to understand the process of dividing marital property/assets. Marital property/assets are those acquired during the marriage, including real estate, bank accounts, vehicles, retirement benefits and funds, and investments.
In Michigan, marital property/assets are divided based on the principle of equitable distribution, ensuring a fair and equitable split between spouses. The court considers factors such as income, earning potential, age, health, contributions to asset acquisition, and any pre- or post-nuptial agreements.
Personal Property
When couples go through a divorce in Michigan, they must divide their personal property or marital assets. Personal property includes tangible assets such as furniture and cars, as well as intangible assets like bank accounts and investments.
In the state of Michigan, the law requires that these assets be divided equitably, meaning that each person will receive a fair share of the marital assets regardless of who purchased them.
Real Estate
Real estate is a valuable asset in a Michigan divorce. All property acquired during marriage is considered marital property and eligible for division. This includes marital homes, condos, vacation properties, commercial buildings, and other land or real estate investments.
The court will consider various factors to determine the division of real estate. These factors include income, earning potential, age, contributions to asset acquisition, and any pre-nuptial agreements. The court may also consider who has a greater need for a home or property.
Marital Debt
In a Michigan divorce, dividing up the marital debt is crucial. All debts acquired during the marriage are joint debts and both spouses are responsible for them. Debt division includes mortgages, car loans, credit card debt, student loans, taxes, and other debts.
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When dividing the debt, the court considers each spouse's responsibility and may order one spouse to pay a portion of the other's share or assume full responsibility for certain separate debts such as gambling debts.
Marital Estate
The marital estate consists of assets and liabilities acquired during a marriage, such as real estate, vehicles, stocks, and debt. In Michigan, a divorce requires the equitable division of the marital estate.
The court considers factors like income, age, contributions to assets, and agreements in place. The court may also consider which party has a greater need for certain assets or liabilities.
Process of Dividing Assets During a Michigan Divorce
The process of dividing assets during a Michigan divorce involves several steps. First, the parties must determine what property is considered marital property and subject to division. Generally, all assets acquired during the marriage are considered marital, including real estate, cars, bank accounts, retirement accounts, and other investments. Once it is determined what assets are considered marital property, the parties must then decide how to divide them.
When couples cannot agree on a property distribution, the court will apply the principle of equitable distribution. This means that the distribution of property is fair and equitable for both parties. The court will consider factors such as income, earning potential, age, contributions to asset acquisition, and any pre- or post-nuptial agreements when determining the division of marital assets.
Property Settlement Agreement
A Property Settlement Agreement (PSA) is a written agreement between two parties in a Michigan divorce that outlines the division of assets and liabilities. The PSA determines how all marital property, such as real estate, bank accounts, investments, retirement funds, and other assets will be divided between the spouses. It also covers issues related to spousal support and child support payments.
When two parties enter into a PSA, they are agreeing to the division of assets without the need for family court intervention. The agreement is legally binding and can be enforced in court if either party fails to uphold their end of the deal.
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Division of Property by the Court
When couples decide to divorce in Michigan, the court must divide their property and assets. As a rule of thumb, all marital property must be divided fairly and equitably. This includes any property that was acquired by either spouse during the marriage, regardless of legal title.
The court will consider several factors when determining how to divide the marital property, including the length of the marriage, each spouse’s contribution to the marriage, and any pre- or post-nuptial agreements. Additionally, the court may take into account any special circumstances that would make an equal division of assets unfair or unreasonable. The court will also consider which party has a greater need for certain types of property, such as the family home.
Equitable Division vs. Equal Distribution
In Michigan, when couples decide to dissolve their marriage, they must divide any assets that were acquired during the marriage. The court will typically try to divide the marital assets fairly and equitably. This is known as “equitable division.” To achieve equitable division, the court considers factors such as the length of the marriage, each spouse’s contributions to the marriage ( financial and otherwise), and any pre- or post-nuptial agreements.
In contrast, an “equal distribution” would divide the marital assets in a 50/50 split regardless of any other factors. While some states may require equal division of assets, Michigan does not have such laws in place. Therefore, it is important to understand the difference between equitable division and equal distribution when it comes to divorce in Michigan.
Division of Assets into Categories
When it comes to dividing up assets during a Michigan divorce, it is important to understand the categories of assets that can be divided. Assets in Michigan are divided into two main categories: marital property and separate property.
Marital property is defined as any assets owned or acquired by either spouse during the marriage. This includes things such as real estate, cash, furniture, vehicles, bank accounts, retirement funds, investments, and more.
Separate property is defined as any assets owned or acquired by either spouse before the marriage. This includes things such as inheritances, gifts, or personal injury awards that were acquired before the marriage. These assets are not subject to division during a divorce in Michigan.
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Dividing assets during a Michigan divorce can be overwhelming and complicated. Clarity Law is experienced in family law and can help. Our family law attorneys have helped hundreds of individuals through the process. Our experienced divorce attorneys can assist you in navigating asset division and provide tailored legal advice. Contact our experienced Dearborn divorce lawyers today for assistance.