How Do Michigan Courts Decide Who Keeps What in a Divorce?

 Posted on October 16, 2024 in Divorce

If you are facing a contested divorce, you are probably wondering how courts in Michigan decide how marital property should be divided. Michigan is an equitable distribution state, meaning that courts should divide marital property in the most fair way possible. Equitable does not mean equal - your marital assets are probably not going to be divided 50/50. Instead, the court will try to gain a good understanding of your particular situation to help it decide how to divide your marital property fairly. While courts have broad discretion in dividing marital property, there are certain factors they must consider. An experienced Northville, MI divorce lawyer can discuss how different factors might affect your marital property division.

Factors in Marital Property Division

Factors the court will consider when dividing your marital property include: 

• Length of marriage - How long your marriage lasted will impact how your marital property is distributed. In short marriages, courts are likely to try to leave each spouse in the position he or she was in before the marriage. In longer marriages, courts lean toward a more even split. 
• Each party’s contributions to the marriage - Contributions do not need to be financial to count. A homemaker’s contributions are valid too, which is why homemaker spouses often receive half of the couple’s retirement accounts. However, if one party truly contributed very little, sitting around all day while the other spouse worked for pay and handled most of the domestic responsibilities, this will matter. 
• Each spouse’s needs and resources - The court will consider what each party reasonably needs to maintain a normal standard of living, and what resources each has at his or her disposal. For example, if one party has high medical needs, the court would want to make sure he or she is in a good position to keep managing those needs. 
• How each party behaved during the marriage - The court can consider each party’s conduct throughout the marriage, including who is at fault in the divorce. Courts may be more generous in distributing marital property to a spouse whose behavior did not cause the breakdown of the marital relationship. For example, if one spouse abused the other, the nonabusive spouse may be favored in property distribution. 

The court can also consider any other information it thinks is relevant, so it is important to give your attorney any information you think should play a role in deciding who keeps what.

Contact a Northville, MI Divorce Lawyer 

Elkouri Heath, PLC will fight to ensure that you receive your fair share of your marital property. Our experienced Oakland County, MI property division attorneys have been helping local families for over 20 years. Contact us at 248-344-9700 for a complimentary consultation.