Why Timing Matters in a Divorce

 Posted on February 20, 2025 in Divorce

How long you have been married can play a large role in how a divorce plays out. If you are considering getting a divorce, you should be aware of what the law says about how the length of your marriage may influence your final settlement or ruling. A Michigan family law attorney can inform you of your rights and advocate for a solution with your best interests in mind.

At Elkouri Heath, PLC, we have over two decades of experience handling complicated divorces on behalf of our clients. Whether your marriage lasted two years or twenty, we can let you know what to expect and will represent you in and outside of court.

Alimony

In Michigan, an award of alimony will usually be proportionate to how long the marriage lasted. That being said, the length of the marriage is not the only factor a judge will consider. The earning potential of both spouses, contributions to the marriage, and responsibility for the collapse of the marriage can all influence an alimony ruling.

An award of alimony can be short-term, long-term, or even indefinite. While there is no hard and fast rule, marriages lasting for several decades, or marriages involving spouses who are senior citizens, are more likely to be considered for indefinite support. At Elkouri Heath, PLC, our lawyers can advocate for a favorable outcome for your financial security.

Child Custody

If you and your spouse had a child during your marriage, the timing of your divorce can greatly influence child custody. For instance, if your child is already 18 by the time you divorce, you will not have to worry about figuring out a parenting plan since your child can choose where to live.

With young children especially, custody can become complex. If you and your spouse cannot agree about custody, the court may appoint a guardian ad litem to determine what is best for the child. As the child gets older, his or her wishes may be given greater consideration by a judge, though the court still has the final say.

Staying together for the sake of the child is not always a viable option. However, if your child is on the cusp of adulthood, you might consider sticking through the marriage a while longer until the child turns 18 to avoid a contentious or unnecessary custody battle.

Retirement Accounts

Any assets you acquire during your marriage are likely to be considered marital property. This includes your retirement accounts, even if the account is in your name only. If you made significant contributions to a retirement account over the course of your marriage, it will almost certainly have to be split up equitably with your spouse.

When dividing up your retirement account, the court will consider how much it grew while you were married. Typically in these cases, a court will issue a Qualified Domestic Relations Order (QDRO) to manage payments to your spouse. Alternatively, you may be able to forfeit a greater share of marital assets to your spouse in exchange for retaining full ownership over your retirement account.

Contact a Novi, MI Divorce Lawyer Today

Longer marriages can come with extra baggage in a divorce. Depending on when you split up, you could reap greater benefits or burdens. At Elkouri Heath, PLC, our Oakland County, MI family law attorneys can help you negotiate for a favorable outcome no matter how long or short your marriage was. To schedule a free consultation, call our offices at 248-344-9700 today.