Property Division

Michigan is an equitable state when it comes to property division. This usually means the marital estate will be divided 50/50, but it can be divided more than 50/50 upon showing of cause (sometimes for showing fault in the marriage). The marital estate consists of property acquired during the marriage. That means property each party acquired before the marriage stays separate, and thus out of the marital state. However, if one spouse significantly contributes to the improvement of the other spouses property (like helping to fix up rental property, or the cottage up north) then the separate property can be brought into the marital estate. Likewise, an inheritance one spouse receives will be deemed separate property, unless it has been “commingled” with the marital property (depositing a cash inheritance into the joint checking account). A spouse can even claim a portion of the other spouse’s business interests.

Pensions, 401(k)’s, IRA’s, and Social Security are deemed marital property and a spouse can get a portion of the other spouse’s retirement package. The amount will vary based on length of the marriage and negotiations between the parties.

If you want to know more property division, then call us now for your free, no obligation consultation and see what Johnson and Wilk can do for you!