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Is Michigan a 50/50 Divorce State?

Is Michigan a 50/50 Divorce State?

Getting divorced marks the end of one chapter of your life. Starting your next chapter requires significant resources. It’s crucial to make sure you receive your fair share of your marital assets to make this transition as easy as possible. But what does Michigan law say on this issue? Do couples split everything 50/50 in a Michigan divorce?

The short answer is no, Michigan law does not require an even split of marital assets during a divorce. Depending on your situation, you or your spouse may get a greater share of the marital assets, and it’s crucial to understand the legal nuances that determine your share. The Plymouth property division lawyers at Selleck Legal, PLLC, explain the details of Michigan’s alimony laws for you here.

Equitable Distribution vs. Community Property: Two Methods for Dividing Assets in a Divorce

In general, states use either the equitable distribution model or a community property system.

Equitable Distribution

In states that use equitable distribution, like Michigan, the courts divide marital assets based on what they deem fair to each spouse. This means that one spouse might get more than the other if the court decides that’s the “fair” outcome. To determine what assets each spouse will receive, the judge looks at factors like each spouse’s income, how long the marriage lasted, and what each person contributed to the marriage (both financially and non-financially).

Community Property

In community property states, the court splits all marital assets 50/50. This means that everything acquired during the marriage is divided equally between the spouses, regardless of who earned or purchased it. Some states that follow this model include California and Texas.

In both types of property distribution, however, property owned before the marriage or received as a gift or inheritance usually stays with the original owner.

What Factors Do Judges Consider When Dividing Assets in a Michigan Divorce?

Judges aim to be fair when dividing a Michigan couple’s shared assets, but that doesn’t always mean a 50/50 split. Here are some key factors they consider:

  • Length of the Marriage
  • Income and Earning Potential
  • Contributions to the Marriage
  • Age and Health
  • Standard of Living
  • Needs of Each Spouse
  • Child Custody

How Our Plymouth Property Division Attorneys Can Help You

The best way to make sure you have everything you need for a fresh start after a divorce is to work with a Michigan divorce attorney. Selleck Legal, PLLC, can help you make the case for a bigger share of your marital assets and help protect you from unfair treatment by your former spouse. We can help you gather evidence to demonstrate your financial needs after the divorce so you can make a persuasive argument to the courts. We’ll handle all the complex legal procedures so you can focus on preparing for the next stage of your life.

Selleck Legal, PLLC, understands your legal needs during a divorce and wants to help you through this tumultuous transition. Call us today or complete our contact form for a free consultation.

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