Property Division in a Michigan Divorce

Marital property and separate property

Property acquired during the marriage is generally part of the marital estate, no matter whose name is on it. Property owned before the marriage, and gifts or inheritances to one spouse, are generally separate. Separate property can still be divided if it was mixed with marital funds, if the other spouse helped build its value, or in limited situations where the court finds it necessary to avoid unfairness.

What judges weigh

Michigan courts use factors from Sparks v Sparks, a Michigan Supreme Court decision. They include:

• How long the marriage lasted
• Each spouse's contributions to the marital estate
• Each spouse's age and health
• Each spouse's earning ability and life situation
• Each spouse's needs and circumstances
• Fault in the breakdown of the marriage
• The past relations and conduct of the spouses
• General principles of equity

Common assets we deal with

• The marital home and other real estate
• Retirement accounts and pensions, which may require a qualified domestic relations order (QDRO)
• Businesses and professional practices, which usually need a valuation
• Stock, stock options, and executive compensation
• Bank and investment accounts
• Vehicles, valuables, and personal property
• Debts, including mortgages, credit cards, and loans

For larger estates, see our high-asset divorce information.

Valuation and hidden assets

Fair division depends on accurate numbers. A court can choose a valuation date, and the choice can change the result when markets, businesses, or real estate values move. We look for undisclosed accounts, transfers, and income, and we work with appraisers and financial experts when the numbers require it.

How property division fits into the rest of your divorce

Property division is decided with the other issues in your divorce, including custody, child support, and spousal support. Most cases settle through negotiation or mediation. If yours does not, we prepare it for trial. Because a property division is generally final, it is worth getting right the first time. Learn more about the divorce process in Michigan.

Frequently Asked Questions

Is property divided 50/50 in Michigan?

Not necessarily. Michigan courts divide property equitably, which means fairly based on the facts. Many results land near an even split, but the factors can move it.

Does fault matter in property division?

It can. Fault in the breakdown of the marriage is one of the factors a court may consider, though it is only one of several.

Is an inheritance divided in a divorce?

Usually an inheritance you received stays separate. It can become part of the marital estate if it was mixed with marital funds or used to improve marital property.

Who gets the house?

It depends on the facts. One spouse may keep it and buy out the other, the home may be sold and the proceeds divided, or the spouses may agree on another arrangement. Equity, the mortgage, and where the children will live all matter.

Can I get part of my spouse's pension or retirement account?

Often, yes, for the portion earned during the marriage. Retirement accounts are typically divided with a qualified domestic relations order, or offset against other assets.