The parties usually arrive at a settlement of all their Michigan marital property rights after negotiation or after mediation. If settlement is not reached, the matter will be decided by the court after a trial or via arbitration. Again, you must be absolutely sure that you understand and accept the Michigan marital property settlement as written, or placed on the record in open court. Michigan marital property settlements are not modifiable, except in cases of fraud, clerical error, mistake, or gross unfairness in the initial trial.
Michigan marital Property division is governed by equitable considerations. Johnson v Johnson, 346 Mich 418 (1956). The specific facts and circumstances of each individual case are highly relevant. When dividing marital property, neither party is presumptively entitled to a greater share of the marital assets, nor responsible for a greater share of the marital debts.
Michigan is not a community property state, so marital property is divided equitably, but not necessarily equally. Michigan divorce courts must strive for a “fair and equitable” division of Michigan marital property and of any increases in marital assets that may have occurred between the beginning and end of the marriage. In determining how to divide Michigan marital property the court will usually consider the following variables:
- Length of the marriage
- Contributions of the parties to the marital estate
- Age of the parties
- Health of the parties
- Life status of the parties
- Necessities and circumstances of the parties
- Earning abilities of the parties
- Past relations and conduct of the parties
- General principles of equity
Michigan marital property settlements in judgments may be enforced by execution, garnishment, show cause proceedings, etc. Your attorney will explain these procedures to you upon request.
If your Michigan marital property includes retirement or pension plans, your attorney, upon request, will explain your rights under the qualified domestic relations order procedures.
Your specific situation may be somewhat different from the norm; please call, 734.927.9782, the Canton Michigan Divorce Lawyers and Canton Michigan Marital Property Attorneys at Stelmock Law Firm, PC to discuss your matter. We represent clients in the Metro Detroit area (Canton, Plymouth, Northville, Livonia, Westland, Ann Arbor, Novi) and throughout Wayne, Washtenaw, Oakland, and Livingston counties. The firm’s office is located at 8556 N. Canton Center Road, Canton, Michigan 48187
By: Robert J. Stelmock, Attorney, GAL, Parenting Coordinator & Mediator at Stelmock Law Firm, PC