How Property Is Divided During Divorce in Michigan

April 28, 2025

How Property Is Divided During Divorce in Michigan


Divorce brings up a lot of questions—some emotional, some practical. One of the biggest questions people ask early on is, “What’s going to happen to everything we own?” Whether it’s a house, car, retirement account, or even a family pet, dividing property during a divorce can feel overwhelming and deeply personal. In Michigan, the law doesn’t simply cut everything down the middle. Instead, the court follows a principle called equitable distribution. That means things are divided fairly—but not necessarily equally.


So what exactly does equitable mean? It depends on the circumstances. When a couple divorces in Michigan, the court looks at a wide range of factors to determine what a fair division looks like. This can include how long you were married, what each person contributed to the marriage (financially and otherwise), the current financial situation of each spouse, and whether one person has significantly more earning power or access to assets. It’s not just about who made more money or whose name is on the title—it’s about what’s fair based on the entire picture.


First, it helps to understand the difference between marital property and separate property. Marital property generally includes anything that was acquired during the marriage—income, homes, vehicles, investments, retirement accounts, and debts. It doesn’t matter whose name is on the account or title. If it was gained while you were married, it’s typically considered marital. Separate property, on the other hand, includes assets one person owned before the marriage, as well as inheritances or gifts received individually during the marriage. However, even separate property can get complicated. If you used marital funds to renovate a home you owned before marriage, or if you deposited inherited money into a joint account, the lines can blur. Sometimes what starts out as separate becomes marital, especially if it was commingled or used to support the household.


Michigan courts have the discretion to include separate property in the division if the other spouse has a demonstrated need—like if there aren’t enough marital assets to ensure a fair outcome. So even property you thought was “yours” could end up being part of the overall division if the situation calls for it. Judges also look at whether one spouse tried to hide, waste, or transfer property to avoid sharing it. Transparency matters. Trying to move money around, drain accounts, or make big purchases in the middle of a divorce often backfires.


Retirement accounts are another area where people have a lot of questions. If contributions were made during the marriage, even if the account is in one spouse’s name, those contributions are usually considered marital. This means they can be divided through a court order known as a Qualified Domestic Relations Order (QDRO), which allows one spouse to receive a portion of the other’s retirement without penalty. This is a highly technical process, and it’s important to handle it correctly to avoid costly tax mistakes or delays.


Debt is part of the equation too. Just like assets, debts acquired during the marriage are usually considered marital—even if only one person racked up the balance. That includes credit cards, loans, and sometimes even tax debt. The court will look at how and why the debt was incurred, and whether it benefited the marriage or was used for individual purposes. In many cases, both spouses end up responsible for repaying it, or it gets divided based on who has the greater ability to pay.


Real estate tends to be one of the more emotional pieces of property division. Whether it’s the family home or an investment property, there’s often sentimental value and financial value tied up in it. If one spouse wants to keep the house, they may need to buy out the other’s share. If that’s not possible, the court may order the home to be sold and the proceeds divided. This process can take time and often requires an appraisal to determine the property’s fair market value.


And then there’s personal property—everything from furniture and electronics to jewelry and collectibles. Most courts encourage spouses to divide these items on their own, but if an agreement can’t be reached, the court can step in. Keep in mind that courts typically don’t want to get involved in who gets the TV versus the couch unless there’s a major dispute. It’s usually better to negotiate these items with the help of your attorney rather than leave it entirely in the hands of the court.


Spousal support, or alimony, is sometimes part of the larger conversation about property and financial division. While it’s not guaranteed, the court can award support based on one spouse’s need and the other’s ability to pay. Factors like length of the marriage, standard of living, health, age, and income potential all come into play. While it’s not technically part of the property division, it’s closely related and often negotiated alongside asset division.


One thing to remember is that property division becomes much more flexible when both spouses can work together. If you and your ex can agree on how to divide your assets and debts, you can submit that plan to the court for approval. As long as it’s fair and follows Michigan’s legal guidelines, the judge will likely sign off on it. Mediation can be especially useful here, giving you both more control over the outcome rather than leaving everything up to a judge.


On the other hand, if you can’t agree, the case goes to court—and that can mean more stress, more expense, and more uncertainty. That’s why having the right legal guidance is so important. An experienced attorney can help you understand what’s likely to happen based on the facts of your case and help you make strategic decisions that protect your interests without unnecessary conflict.


At Coppins Law Group, we understand how complex and emotional the property division process can be. Whether you’re just starting to think about divorce or you’re in the middle of a difficult case, we’re here to guide you through the legal process with clarity, transparency, and strong representation. Our goal is to help you move forward with confidence—knowing that your financial future is being handled with care and experience.


If you have questions about how your property might be divided or want help negotiating a fair settlement, schedule a consultation with our office. We’ll help you understand your rights, review your assets, and walk you through the best steps to take next.


Just a reminder: this article is meant to provide general information and is not legal advice. Every divorce is different, and property division depends on your specific circumstances. To get advice tailored to your situation, reach out to speak directly with a family law attorney.

Divorce in Michigan: What You Need to Know Before Filing

May 23, 2025
Divorce is never easy, but understanding how the process typically works in Michigan may help you make informed decisions from the start. Whether you're considering filing or just want to be prepared in case things move in that direction, this article outlines key information to understand about the divorce process in Michigan. Michigan Is a No-Fault Divorce State Michigan follows a no-fault divorce system. This means you generally do not have to prove that your spouse did anything wrong to file for divorce. The only legal reason typically required is that "there has been a breakdown of the marriage to the extent that the objects of matrimony have been destroyed and there remains no reasonable likelihood that the marriage can be preserved." This allows for a more straightforward process, at least from a legal standpoint. However, while fault is not required to file, it may still be considered in some cases when dividing property or determining spousal support. Residency Requirements To file for divorce in Michigan, you or your spouse must meet certain residency requirements: One spouse must have lived in Michigan for at least 180 days before filing One spouse must have lived in the county where the case is filed for at least 10 days If both spouses have recently moved, it's important to verify whether you meet these timelines before starting the process. What Typically Happens When You File for Divorce The process generally begins when one spouse (the plaintiff) files a complaint for divorce in the county circuit court. This document typically outlines the reason for the divorce and requests certain outcomes, such as child custody, property division, and alimony. Once filed, the other spouse (the defendant) will usually be served with the complaint and has a limited time to respond—typically 21 days if served in person, or 28 days if served by mail. If the other party fails to respond, the court may proceed with a default judgment, potentially granting the filing spouse the terms requested in the complaint. Waiting Periods in Michigan Michigan law imposes mandatory waiting periods depending on whether children are involved: No children : 60-day waiting period Minor children involved : 180-day waiting period This means your divorce generally cannot be finalized until the appropriate time has passed, even if both spouses agree on all terms. Child Custody and Support Considerations If you have minor children, your divorce will typically include custody, parenting time, and child support determinations. Michigan courts use the best interest of the child standard when making custody decisions. Parents may be awarded joint legal custody (decision-making authority) or one may be awarded sole legal custody. Physical custody and parenting time schedules will also typically be outlined in the final judgment. Child support is generally calculated using a statewide formula that considers income, number of overnights, and other factors like childcare costs and insurance. The Michigan Child Support Formula is typically required, but in some cases, deviations may be allowed with proper justification. Property Division: Equitable Distribution Michigan is an equitable distribution state. This means marital property will typically be divided fairly, but not always equally. The court will generally examine: The length of the marriage Contributions by each spouse (including homemaking) Earning capacity and financial situation Age and health of each spouse Any fault that contributed to the breakdown of the marriage Marital property typically includes assets and debts acquired during the marriage, such as homes, vehicles, bank accounts, retirement accounts, and credit card debt. Separate property, such as an inheritance or pre-marital assets, may not be subject to division unless it was commingled or increased in value due to joint efforts. Alimony (Spousal Support) Considerations Alimony is not automatic in Michigan. The court will typically consider whether one spouse needs support and whether the other has the ability to pay. Factors may include: Length of the marriage The age and health of both parties Each spouse's income and earning potential Standard of living during the marriage Contributions to the marriage (including raising children) Fault or misconduct, if relevant There are different types of spousal support that may be considered: temporary (during the divorce), rehabilitative (to help one party become self-sufficient), or long-term (in certain cases). A skilled divorce attorney in Michigan may help evaluate these factors based on the unique circumstances of your case. Working with a Lawyer for Divorce While it is technically possible to represent yourself, working with a divorce attorney may provide significant advantages. Divorce involves important legal rights around custody, property, and finances. Mistakes made early in the process may be difficult or impossible to correct later. Working with a Michigan divorce attorney may help you: Avoid common legal pitfalls Understand your rights under Michigan law Properly value and evaluate marital property Ensure parenting time and support matters are handled appropriately Navigate alimony considerations At Coppins Law Group, PLLC, the firm assists clients in Mount Clemens and surrounding areas in navigating divorce proceedings. Mediation and Settlement Options Many divorce cases in Michigan are resolved outside of court through negotiation or mediation. This approach often leads to faster, less expensive, and less stressful outcomes. If the parties can agree on terms, they may draft a consent judgment of divorce that the judge will review and, if approved, finalize. Even if you're open to settling, having a divorce lawyer review any agreements before signing may be important to avoid potential long-term consequences. High-Conflict or Contested Divorce In some cases, parties cannot agree on major issues like custody, support, or property. This is called a contested divorce and may involve: Discovery (gathering financial and legal documents) Depositions Multiple court hearings A final trial While this can be a longer and more expensive process, it may be necessary when one side refuses to cooperate or when there are major disagreements about facts or fairness. Asset Discovery Considerations If you believe your spouse may be hiding income, business interests, or assets, an attorney may help with discovery tools to investigate. Courts typically take this seriously, and any party caught hiding property may face penalties and lose credibility with the judge. A skilled divorce attorney may be able to subpoena bank records, tax filings, and other documents to help uncover the full financial picture. Final Judgment and Aftermath Once all issues are resolved, the court will typically enter a final judgment of divorce, which outlines all custody, support, and property terms. This document is legally binding. If either party violates its terms, the other may seek enforcement through the court. Modifications may be possible later, but typically only if there is a significant change in circumstances. Understanding the Process Divorce can feel overwhelming, but understanding what to expect may make the process less intimidating. Michigan law has established procedures for how custody, property, and support are typically handled, but every case involves unique circumstances. If you're thinking about filing or need guidance during a divorce, the team at Coppins Law Group, PLLC is available to discuss your situation. The firm provides honest assessment, skilled representation, and advocacy for clients in Mount Clemens and across Michigan. Disclaimer : This article provides general information about Michigan divorce law and is not intended as legal advice. Every divorce case involves unique circumstances that require individual legal analysis. The information contained in this guide should not be used as a substitute for professional legal counsel. For advice specific to your situation, please consult with a qualified family law attorney.

Understanding How Child Custody Is Decided in Michigan

May 14, 2025
If you're going through a separation or divorce in Michigan and have children, custody decisions are likely one of your biggest concerns. Who will the child live with? How much time will each parent get? What rights do both parents have? These are questions that come up in nearly every case involving minor children.  This informational guide will walk you through how child custody is typically decided in Michigan so you can understand what to expect and how the process generally works. The Basics: Two Types of Custody Michigan law divides custody into two categories: Legal custody refers to the right to make major decisions about the child's life. This includes education, medical care, and religious upbringing. Physical custody refers to where the child lives on a daily basis and who is responsible for day-to-day care. Each type of custody can be awarded to one parent (sole custody) or shared between both parents (joint custody). Courts in Michigan often consider joint legal custody unless there are clear reasons that might make this arrangement unsuitable. Best Interest of the Child Standard The most important factor in any custody case is what the court calls the best interest of the child. Michigan courts follow 12 specific factors outlined in Michigan Compiled Laws Section 722.23 to evaluate what arrangement might support the child's welfare and development. These factors include: Factor A : The love, affection, and emotional ties between the child and each parent Factor B : The ability of each parent to provide the child with love, affection, guidance, and to continue education and religious upbringing Factor C : The capacity to provide the child with food, clothing, medical care, and other material needs Factor D : The length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity Factor E : The permanence of the proposed custodial home as a family unit Factor F : The moral fitness of each parent Factor G : The mental and physical health of each parent Factor H : The child's home, school, and community record Factor I : The child's reasonable preference, if the court considers the child to be of sufficient age to express preference Factor J : The willingness and ability of each parent to facilitate and encourage a close relationship between the child and the other parent Factor K : Any history of domestic violence, regardless of whether it was directed at or witnessed by the child Factor L : Any other relevant factors specific to the particular custody dispute The judge examines all of these details and makes a decision based on what appears to serve the child's needs and welfare. How Courts Typically Approach Decisions There is no one-size-fits-all custody plan. Some families end up with equal parenting time, while others may have one parent with primary custody and the other with a scheduled parenting time arrangement. Courts will typically examine each parent's history of caregiving, living arrangements, job schedules, and communication abilities to determine what might work best for the child. Joint legal custody is commonly considered in Michigan cases. Joint physical custody may also be evaluated, particularly when both parents live reasonably close to each other and have demonstrated an ability to co-parent effectively. When Parents Agree If both parents agree on custody and parenting time, the court will usually approve the agreement unless it appears to go against the child's best interest. This approach may save time, stress, and legal expenses. Agreements are typically detailed and in writing, outlining where the child will live, a schedule for parenting time, and how decisions will be made about school, health care, and other major issues. When Parents Do Not Agree When parents disagree on custody, the case may go to mediation first. Mediation provides both sides an opportunity to reach an agreement with the help of a neutral third party. If mediation is unsuccessful, the court will schedule a hearing. Each side presents evidence and testimony, and the judge makes a decision. The court may also appoint a guardian ad litem or a custody evaluator to investigate and report on the child's best interests. Parenting Time in Michigan Michigan law encourages frequent and continuing contact with both parents when it appears to be in the child's best interest. Parenting time (sometimes called visitation) is usually part of every custody order. Standard parenting time arrangements may include: Alternating weekends Weekday evening visits Alternating holidays Extended summer breaks Courts may also order supervised parenting time in cases involving safety concerns. Can a Child Choose Which Parent to Live With? In Michigan, a child does not have the legal authority to choose which parent to live with. However, a judge may consider the child's preference depending on the child's age, maturity, and reasoning ability. The preference is just one of the 12 factors courts consider. The court will not typically base its decision on the child's choice alone. What Happens if a Parent Wants to Move? If a parent wants to move more than 100 miles away or out of state with the child, they must either get permission from the other parent or seek court approval. This is called a change of domicile. The court will typically consider: The reason for the move Whether the move will improve the quality of life for the child and the moving parent The impact on the child's relationship with the other parent Whether parenting time can still be preserved Relocation cases are often complex and generally require court approval, even if one parent has primary custody. Modifying a Custody Order Life changes. Job schedules shift, children grow, and new challenges arise. Either parent may ask the court to modify an existing custody or parenting time order, but they must typically show: A material change in circumstances has occurred The change affects the best interest of the child Examples might include a parent moving, changes in the child's academic or health needs, or concerns about safety. Working with a Family Law Attorney for Child Custody While it is possible to represent yourself, working with a family law attorney in Michigan may provide significant advantages. At Coppins Law Group, PLLC, the firm understands custody laws, knows how local courts approach these cases, and may help clients present their case clearly and effectively. An experienced child custody lawyer may: Prepare and file court documents correctly Represent clients in mediation or court hearings Help build a case focused on the child's best interest Advocate for fair and realistic parenting plans Understanding the Process Custody decisions have a long-term impact on your child's life and your rights as a parent. Understanding how child custody is typically decided in Michigan may help you make informed choices and avoid common pitfalls. If you're going through a custody case or have questions about parenting time, legal custody, or modifications, the attorneys at Coppins Law Group, PLLC, are available to discuss your situation. Contact them today to schedule a consultation. Disclaimer : This article provides general information about Michigan child custody law and is not intended as legal advice. Every custody case involves unique circumstances that require individual legal analysis. The information contained in this guide should not be used as a substitute for professional legal counsel. For advice specific to your situation, please consult with a qualified family law attorney.