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.

Do You Need a Prenup in Michigan? What Couples Should Consider

April 21, 2025
Do You Need a Prenup in Michigan? What Couples Should Consider If you’re engaged or planning to get married soon, you’re probably thinking about the venue, the guest list, and maybe even the honeymoon. What you’re probably not thinking about is a prenuptial agreement. And honestly, that’s completely understandable. Talking about a prenup can feel awkward—it’s not exactly romantic, and it might even sound like you’re planning for the marriage to fail before it begins. But here’s the truth: having a prenup doesn’t mean you’re expecting things to go wrong. It just means you’re being thoughtful and realistic about protecting yourselves and your future, especially when it comes to finances and property. In Michigan, prenuptial agreements—often just called prenups—are legal contracts entered into before marriage that outline how things like assets, debts, and property will be handled in the event of divorce or death. Think of it like insurance. You hope you’ll never need it, but it’s incredibly helpful to have if life takes an unexpected turn. It allows both partners to go into marriage with transparency and a shared understanding of how financial matters will be handled if the relationship ends. So, do you actually need a prenup? The answer depends on your situation. If either of you owns a home, runs a business, has significant savings or investments, or is entering the marriage with debt—those are good reasons to consider one. A prenup can also be especially helpful in second marriages, particularly when children from a previous relationship are involved. It can outline what’s considered separate property, how inheritances will be handled, and even what financial support, if any, will be provided in case of a divorce. But a prenup doesn’t have to only protect the wealthier partner. In many cases, it can benefit both people by making sure that neither person is taken by surprise if things change down the road. It gives both partners the opportunity to make decisions when the relationship is strong, rather than waiting until emotions are high or communication is strained. Now let’s talk about what a prenup can and can’t do in Michigan. Generally, a prenup can address how property will be divided, what counts as marital versus separate property, how debts will be handled, and whether either party will receive spousal support (also known as alimony). You can also use a prenup to clarify expectations for things like who keeps certain items, how you’ll handle large purchases, or how future inheritances will be treated. What a prenup can’t do is dictate child custody or child support. Those issues are always decided by the court based on the best interest of the child at the time of separation or divorce. So even if your prenup says one person will have full custody or that no child support will be paid, that portion won’t be legally enforceable. For a prenuptial agreement to be valid in Michigan, there are a few key rules that must be followed. First, the agreement must be in writing and signed voluntarily by both parties. There should be full financial disclosure from both sides—meaning you each need to be honest about what you own and what you owe. It also helps if each person has their own attorney review the document, even if it’s amicable. That way, it’s harder for one person to later claim they didn’t understand what they were signing. Timing matters, too. If one person presents the prenup just days before the wedding and pressures the other to sign, that could raise red flags. Ideally, this should be something you talk about well in advance, when there’s no time crunch or emotional pressure. The more thoughtful and transparent the process, the stronger your agreement will be if it’s ever needed. People sometimes assume that if they don’t have a prenup, everything will just be split 50/50. That’s not always how it works. Michigan is an equitable distribution state, not a community property state. That means a judge won’t necessarily divide everything equally, but rather in a way that’s considered fair based on the circumstances. That might mean a 60/40 or even 70/30 split depending on income, contributions, length of the marriage, and other factors. If you want more control over how your property would be handled, a prenup is one way to lock in that clarity before the state steps in to decide for you. It’s also worth pointing out that prenups aren’t set in stone forever. You can revise or even cancel the agreement at any time during the marriage, as long as both parties agree. Some couples choose to revisit their prenup after major life events, like starting a business, having kids, or buying property together. Others create a postnuptial agreement after they’re married, which works in a similar way. We get it—no one likes to think about the possibility of divorce when they’re planning a wedding. But the reality is, financial disagreements are one of the top reasons marriages fall apart. Having honest conversations now about finances, responsibilities, and expectations can actually strengthen your relationship. A prenup isn’t a signal of mistrust—it’s a sign of maturity, communication, and planning. At Coppins Law Group, we’ve helped many couples draft fair, legally sound prenuptial agreements that reflect their goals and values. Whether you’re protecting your business, clarifying debt obligations, or just want peace of mind, we can walk you through the process in a way that’s clear, respectful, and focused on your future. If you’re curious whether a prenup makes sense for your relationship, or you just want to understand your options better, reach out to schedule a consultation. We’re here to answer your questions, help you avoid legal pitfalls, and support your goals—before the wedding day and long after. Just a reminder: this article is for informational purposes only and is not legal advice. Everyone’s situation is different. To understand how a prenuptial agreement could apply to you, it's best to speak directly with an experienced attorney.

What to Know About Common-Law Marriage in Michigan

April 14, 2025
What to Know About Common-Law Marriage in Michigan If you’ve been in a long-term relationship and live together, you might have heard people say things like “we’ve been together so long, we’re basically common-law married.” It’s a phrase that gets tossed around a lot, but in Michigan, it’s important to know that common-law marriage isn’t legally recognized—at least not the way many people think. Let’s start with the basic truth: Michigan does not allow couples to form a common-law marriage within the state. This has been the case since 1957, when Michigan formally abolished the practice. That means no matter how long you’ve lived together, shared bills, or acted like a married couple, the state won’t consider you legally married unless you actually went through the formal process—license, ceremony, and all. That said, there’s one exception that can still come into play. Michigan does recognize common-law marriages that were legally established in other states. So if you and your partner lived in a state that does allow common-law marriage (like Colorado, Iowa, or Texas), and you met all their legal requirements before moving to Michigan, then Michigan may honor that relationship as a legal marriage. But it has to be valid under that other state’s laws first. You can’t just move to Michigan and decide to call yourselves common-law married—it doesn’t work that way. Now, just because Michigan doesn’t recognize common-law marriage doesn’t mean that unmarried couples don’t face legal questions when things change—especially if the relationship ends. You might share a home, a car, even children. You might have invested in property together or supported each other financially for years. So what happens when one person wants to move out, or you’re not sure how to divide things? Unfortunately, it’s not as simple as “we’ll just do what married couples do.” Michigan’s family law system offers certain rights and protections to married couples—like equitable property division, spousal support, or inheritance rights—but those don’t automatically apply to couples who never got married. That can leave one partner in a vulnerable spot if they don’t have legal agreements in place. For example, let’s say you’ve been living in your partner’s house for 10 years, contributing to the mortgage, helping with renovations, paying utilities. If your name isn’t on the deed or mortgage, you may not have any legal claim to that property if the relationship ends. That surprises a lot of people. You might feel like you’ve built a life together—and emotionally, you have—but under Michigan law, property rights aren’t based on how long you’ve been together or how much effort you put in unless you’re legally married or have a specific contract in place. The same goes for things like jointly purchased vehicles, shared bank accounts, or even debts. If there’s no written agreement, you could find yourself in a difficult situation trying to prove who owns what or who should be responsible for certain payments. And courts don’t handle property division for unmarried couples the same way they do for divorcing spouses. In fact, many of these disputes end up being handled as basic civil cases—not family law cases—because the law sees them as contract or property issues, not marital ones. This is why many long-term, unmarried couples in Michigan are starting to take legal steps to protect themselves. Some choose to create cohabitation agreements. These are legally binding contracts between partners that outline how property, finances, and responsibilities will be handled during the relationship—and what happens if it ends. It’s essentially like a prenup, but for couples who don’t plan to get married. It doesn’t mean you’re expecting the relationship to fail—it just means you’re being realistic about protecting yourselves and avoiding legal confusion later on. Another issue that comes up a lot is inheritance. If you’re not legally married and don’t have a will, your partner is not automatically entitled to anything from your estate. In Michigan, intestate succession laws (those that apply when someone dies without a will) give priority to legal spouses and blood relatives—not long-term partners. That means if something unexpected happens, your partner could be left out completely unless you've made formal arrangements through a will, trust, or beneficiary designation. Child-related issues are a whole different area. If an unmarried couple has a child together, there are still legal steps that need to be taken to establish paternity and parental rights. The mother is automatically considered the legal parent, but the father’s rights are not guaranteed unless paternity is legally established. Without it, the father may not have custody or parenting time rights, and he may not be responsible for child support either. It’s a critical step that unmarried parents need to be aware of, especially if they separate or one parent wants to move out of state. So where does all of this leave you if you’re in a committed relationship, living together, and building a life without a marriage license? The good news is, you still have options. With the right legal planning—like cohabitation agreements, estate planning, and clear documentation of property—you can protect yourself and your partner, even if the law doesn’t view your relationship the same way it views a marriage. If you’ve been with your partner for years and just assumed that your relationship would be legally recognized, you’re not alone. A lot of people find themselves surprised by what the law does—and doesn’t—cover when it comes to long-term, unmarried relationships. The key is being proactive. It’s not about being pessimistic or distrusting your partner—it’s about protecting both of you and avoiding unnecessary conflict in the future. At Coppins Law Group, we’ve worked with many Michigan couples who are navigating these questions. Whether you’re just moving in together, planning for the future, or trying to untangle things after a breakup, we’re here to help you understand your rights and make informed decisions. Every situation is unique, and we’ll work with you to find solutions that fit your specific needs. If you have questions about your rights as an unmarried partner or want to explore creating legal agreements to protect yourself, reach out to schedule a consultation. We’ll walk you through your options, explain what makes sense for your situation, and help you feel more secure—no matter where your relationship goes next. Just a reminder: this blog is meant for general information only. It’s not legal advice, and it’s not a substitute for meeting with an attorney. If you’re facing a legal issue, your best next step is to talk with a lawyer who can look at your specific situation and guide you from there.