In Michigan, when couples divorce, the court doesn’t simply divide everything equally. Instead, it follows equitable distribution, a fancy legal term that means “what’s fair isn’t always equal.”
Here’s what you need to know about property division in Michigan divorces:
The courts look at what’s yours together (“marital property”) and what belongs to each person individually (“separate property”). This includes your house, cars, retirement accounts, and, yes, even your debts. But property you owned before getting married, or gifts and inheritances you received during marriage, are usually considered yours alone – unless you’ve mixed them with marital assets.
Let’s say you’ve been married 20 years, both worked full-time and contributed equally to the household. In this case, you might see something close to a 50/50 split. But that’s not set in stone. The judge will consider various factors, including:
- How long have you been married
- What each spouse contributed (both money and other contributions, like raising children)
- Your ability to earn income going forward
- Your health and age
- Your financial needs
- Whether someone’s misconduct led to the divorce
For instance, if one spouse stayed home to raise children while the other built a career, the court might award the homemaker a larger share of the assets to account for their reduced earning capacity.
Notice: This document provides general information about Michigan divorce law and should not be construed as legal advice. For specific guidance regarding your situation, please consult a qualified attorney licensed to practice in Michigan.
