Dec 08, 2015

One of the most common concerns for men and women divorcing in Michigan is about property. How will you be able to create a new life after your divorce if all of your property is divided? Under Michigan divorce law, property is divided fairly based on a number of factors. It's also important to realize martial debt is also divided between the two parties. Marital property and debt is any property obtained during the marriage, as well as pensions and retirement plans.

Conversely, if property was owned by one person prior to the marriage, this is considered separate property. This type of property is most often not divided by the court but retained by the same individual. Property that is inherited by one person is also often kept separate in a divorce, as long as it has been kept separate during the marriage.

When you and your spouse cannot agree on the division of property, the court will use a number of factors to make these decisions. Those factors can include:

• The length of your marriage
• Your ages
• Your health and that of your spouse
• The contributions made to the marriage by both parties (note that caring for children does matter)
• The standard of living during the marriage and each spouses' individual ability to maintain that quality of living after divorce
• Each persons' ability to make money after the divorce
• Current living situations and needs
• Each persons' specific needs in relation to healthcare
• The conduct of each spouse, especially when one is considered at fault
• Fairness

Making the decision to file for divorce is a big one and one that should be made after considering all of these important factors. Each case is looked at very specifically for what is considered to be fair to all parties. The court does not take the side of one person. However, it is often best to work out an agreement ahead of time with your soon-to-be-ex spouse. This allows you both to remain more in control over what happens to your assets and your future.