Divorce court judges in Michigan do not always split everything down the middle when dividing marital assets between a divorcing couple. The law requires that marital assets be divided fairly, even if it will result in unequal portions.
The idea is to give both spouses a fair share based on their circumstances and ensure they leave the marriage with enough resources to start their next chapter.
Factors that come into play
Judges look at various aspects of the marriage to determine what’s fair. For instance, if one spouse sacrificed their career or education to play homemaker, they might not have the ability to earn a high income post-divorce. As such, a judge may allocate them more property.
Additionally, the court will look at the future needs of each spouse. A judge may allocate a larger portion of the marital estate to the spouse with fewer resources to support themselves after divorce to help them maintain a reasonable standard of living.
If children are involved, the primary custodian may be awarded the marital home or a bigger share of the assets to ensure stability for the children. It’s also worth noting that the law does not limit itself to specific factors when determining a fair division. Judges have the discretion to consider any other relevant factors present in individual cases that may affect the fairness of the property division.
Protect your financial interests during divorce
The process of dividing assets isn’t always straightforward. Issues like hidden assets, commingled property or misrepresented financial situations can complicate matters and undermine a fair division. Seeking legal guidance if you have questions about how things work or concerns about securing an equitable share can help you take informed action and protect your financial interests.