Why Marital Property and Child Custody Are Often Intertwined

 Posted on May 07, 2024 in Family Law

Who keeps which portions of the marital property and how much time each parent spends with the children after divorce are often seen as two completely separate issues. While the methods used to decide on a fair division of marital property and the methods used to decide on a child custody schedule are different, the two are connected in some ways. Parents who choose mediation or collaborative divorce should discuss these issues at the same time and consider how the distribution of marital property will impact their children. An experienced Novi, MI divorce mediation attorney can help parents work together to create a comprehensive divorce agreement.

The Family Home and The Children’s Interests 

One of the most important types of marital property to consider while you and your spouse are discussing child custody is the family home. Uprooting your children from the home they are used to during an already tumultuous time may make things even harder on them. It is often better for the parent who will have more time with the children to stay in the family home if this is financially feasible for the divorcing couple. This is especially true if one parent moves out of the area, forcing the children to change schools, find new sports teams to play on, or disengage from other community activities that are important to them.

Other Types of Marital Property That Affect The Children 

Your distribution of marital property is likely to impact your children. Consider the activities your family likes to do and what equipment you need to do those activities. Types of marital property you should discuss dividing with your children in mind include:

• Recreational equipment - Do your children enjoy going out on the family’s boat, camping, or traveling in your RV? Which parent will have the space to store these items and be more likely to continue using them with the children? If the children are going to spend summer break with one parent, would that parent likely get more use out of the camping equipment during the summer months than the other parent would during the school year? 
• Vehicles - If you have a sports car and a minivan, it is important to consider which parent will be transporting the children more frequently when you determine how to divide your vehicles. Does it make more sense to sell both vehicles and buy two safe sedans? 
• Children’s toys - Although you might consider things like your children’s swingset to be theirs, it will be up to you to decide which parent keeps on to these items.

Contact an Oakland County, MI Collaborative Divorce Attorney

Elkouri Heath, PLC is committed to helping parents create comprehensive divorce agreements that put the needs of their children first. Our Novi, MI uncontested divorce lawyers have been serving local families going through divorce for more than two decades. Contact us at 248-344-9700 for a complimentary consultation.