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.

Will a DUI in Macomb County Affect My License, Job, or Insurance?

June 29, 2025
If you’ve recently been charged with a DUI or OWI in Macomb County or the surrounding Southeast Michigan area, you probably have a lot of questions. One of the first things many people ask is how the charge could affect their driver’s license, their job, or their insurance. Facing an OWI charge is stressful, especially if this is your first time dealing with the legal system. This post walks through some of the possible outcomes and important things to know based on how these cases are typically handled in the local courts. First, a Quick Look at the Terms In Michigan, the term OWI (Operating While Intoxicated) is used more often than DUI, though people tend to use them interchangeably. You may also hear the term OUID (Operating Under the Influence of Drugs), which covers driving while impaired by substances other than alcohol. Whether it’s alcohol, marijuana, or a controlled substance, OWI charges are taken seriously in Macomb County, and local courts move quickly through the process. What Can Happen to Your Driver’s License? License penalties are common after an OWI charge, even before your case is finalized. For example: Implied Consent Violations : If you refuse to take a chemical test after arrest, the Michigan Secretary of State may automatically suspend your license for one year. This is separate from your criminal case. First OWI Conviction : This can lead to up to a 6-month suspension. In some cases, you may be eligible for a restricted license after 30 days. High BAC (.17 or higher) : This can trigger longer suspensions and require the installation of an ignition interlock device if a restricted license is granted. The local courts in Mt. Clemens often follow these guidelines closely, and the Secretary of State processes license penalties independently of the judge’s ruling. It’s important to be aware of both parts of the system. Can a DUI Affect Your Job? It depends on the type of work you do. For some people, an OWI has little or no impact on employment. For others, it can be more serious. Jobs that involve: Driving a company vehicle Holding a commercial driver’s license (CDL) Security clearances State licenses or professional certifications …may be affected by a DUI conviction. Employers in these situations often require notification of criminal charges or conduct background checks as part of ongoing employment. This is especially true in regulated fields like healthcare, education, law enforcement, or government contracting. If your job is unrelated to driving or licensing, your employer might not take any action at all. However, if you have a company policy that requires reporting arrests or convictions, it’s important to be proactive and check what’s required. What About Your Insurance? In most cases, your auto insurance rates will go up after a DUI conviction. Some insurance companies may even choose not to renew your policy. This isn’t something that happens immediately, but once the conviction hits your driving record, insurers may re-evaluate your policy at renewal time. Drivers with an OWI on their record may need to obtain SR-22 insurance , which is a special certification that proves you’re carrying the required amount of liability coverage. Michigan doesn’t require SR-22 in every OWI case, but your insurance provider may. Will This Stay on Your Record? Michigan has recently made changes to its expungement laws. Some first-time OWI offenses may now be eligible for expungement, but only under specific conditions and after a waiting period. Expungement is not automatic and requires a formal process through the court. If you’re thinking about long-term consequences, especially for your driving and criminal record, it’s worth speaking with an attorney to see what your options are. How Macomb County Courts Typically Handle OWI Cases In Macomb County, OWI cases usually start in district court. For residents in Mt. Clemens, that typically means the 41-B District Court. Judges in this court have handled hundreds of these cases, and they are familiar with all the nuances involved. The court process often includes: An arraignment Pre-trial conferences Review of police reports, body cam footage, and breathalyzer or blood test results Possible plea negotiations A sentencing hearing if there is a conviction Every case is different. Some people are eligible for sobriety court programs or other alternatives, depending on the facts of the case and their criminal history. Steps to Take After Being Charged If you’ve been charged with OWI in or around Macomb County: Don’t delay. Court dates often come up quickly. Don’t try to navigate it alone. The consequences of a conviction can follow you for years. Write down everything you remember from the traffic stop and arrest while it’s fresh in your mind. Gather any documents you’ve received and keep them in one place. You don’t have to go through this process without support. Local attorneys who work in the district courts every week understand what to expect and how to guide you through the steps. Need Help Navigating an OWI Charge in Mt. Clemens? Our team at Coppins Law Group has worked with many individuals facing DUI or OWI charges in the Macomb County area. We understand the pressure this puts on your life, and we’re here to help you understand your rights and options at every step. Disclaimer : This blog post is for general informational purposes only and does not constitute legal advice. Every case is different, and results can vary depending on the facts and circumstances. For legal guidance specific to your situation, please contact Coppins Law Group directly.

How Child Custody Is Determined in Divorce Cases Around Mt. Clemens and Macomb County

June 18, 2025
If you’re going through a separation or divorce and you have children, it’s likely that child custody is one of your biggest concerns. In the Mt. Clemens and greater Macomb County area, custody decisions are handled by the local family court system. Understanding how judges in this region typically approach custody can help you better prepare for the process ahead. Every case is unique, but here’s what you should know if you're facing a custody matter in this part of Southeast Michigan. What Judges in Macomb County Family Court Look For Courts in Macomb County, just like others in the region, are guided by what’s called the best interest of the child . Judges look at a variety of factors to decide what kind of custody arrangement will support the child’s physical, emotional, and educational well-being. Some of the specific things they might consider include: The emotional ties between the child and each parent Each parent’s ability to provide a stable home The child’s age and needs Any history of abuse or neglect The mental and physical health of all parties involved The willingness of each parent to encourage a relationship between the child and the other parent These are just a few examples. Judges have broad discretion and will look closely at the full picture before making a decision. Types of Custody That May Be Awarded Local courts may award joint custody or sole custody , and they’ll often divide custody into two categories: Legal Custody : This determines who has the authority to make decisions about schooling, medical care, and other major life issues. It’s common for parents to share legal custody unless the court sees a specific reason not to. Physical Custody : This refers to where the child lives most of the time. Some families have a shared parenting time schedule, while others may have one parent with primary custody and the other with scheduled visitation. In Macomb County, parenting time orders are generally detailed. Judges want clear schedules that outline school days, weekends, holidays, and even pick-up and drop-off times to help avoid conflict. What You Should Bring to a Custody Hearing If you’re preparing for a custody hearing in Mt. Clemens or a nearby court, there are a few things that can help your case: A detailed parenting time proposal that shows you’ve thought about the child’s needs Proof of a stable home environment Information about your work schedule and availability Any documentation related to the child’s school or healthcare needs If you have concerns about the other parent, especially regarding safety, substance use, or unstable living conditions, bring documentation to support those concerns. Local judges expect facts and evidence, not just opinions. What to Avoid During the Process While emotions can run high, it’s important to stay focused on the child’s well-being. Avoid speaking negatively about the other parent in front of your children or online, and follow any temporary court orders to the letter. Also, be careful about informal agreements that aren’t court-approved. Even if both parents agree on something, it won’t be legally binding unless it’s documented and approved by the court. Why Local Representation Matters Every county handles custody cases a little differently. Local knowledge can be a major advantage. Attorneys who regularly appear before Macomb County family court judges understand how to present a case effectively, what kind of evidence judges expect, and how to navigate the system without unnecessary delays. At Coppins Law Group, we represent clients in Mt. Clemens and the surrounding areas every day. We’re familiar with the expectations of the local courts, and we focus on helping clients feel informed and supported through the process. If Custody Agreements Break Down If there’s already a custody agreement in place but one parent isn’t following it, you may need to file a motion for enforcement or ask the court to modify the order. This happens more often than many people expect, especially as life changes — jobs shift, children get older, and new partners or moves come into play. The family court will always return to the best interest of the child when reviewing modification requests, but they also look at how well each parent has honored the current agreement. Next Steps if You’re Facing a Custody Dispute in Macomb County If you’re dealing with child custody in or around Mt. Clemens, make sure you know your rights and have the support you need. Custody matters are deeply personal, and you shouldn’t have to navigate them alone. Whether you’re just beginning a divorce, responding to a custody motion, or thinking about modifying an existing arrangement, our office is available to discuss your situation and what steps make the most sense for your family. Disclaimer : This blog post is for general informational purposes only and does not constitute legal advice. Custody outcomes depend on the specific facts of each case, and results can vary. For personalized legal guidance, contact Coppins Law Group directly to schedule a consultation.