What is a spouse entitled to in a divorce in Michigan?

What is a spouse entitled to in a divorce in Michigan?

Common examples include homes, cars, furniture or furnishings, art, retirement accounts (like 401k’s), pension plans, businesses, and bank accounts. Be aware that this includes assets earned by either spouse during the marriage, even if they aren’t received until after a judgment of divorce.

How many years do you have to be married in Michigan to get alimony?

How long you would pay this spousal support is debatable under Michigan alimony laws, but a rule of thumb is one third of the marriage, so in this case about 8 years. This can vary and is based on other factors, but this will give you a general idea of how spousal support works in Michigan.

Who gets the house in a Michigan divorce?

Michigan is a dual property state, which means family courts divide property into two kinds: separate and marital. Separate Property: Any property you owned before the marriage or any property received by either spouse as an inheritance or gift. Separate property may be awarded to its owner.

Does it matter who files for divorce in Michigan?

The answer is both “It depends” and “It may not matter.” Who files for divorce first may set the tone for your divorce, but in many circumstances, it does not confer the benefits that the parties involved think it does.

What is considered marital property in Michigan?

Marital property is any property, or debt, acquired during the marriage (from the date of the wedding until the judgment of divorce is entered). Marital property is subject to division between the parties. Property division in Michigan follows the rule of equitable distribution.

Is an inheritance considered marital property in Michigan?

In Michigan, the court does have the discretion to consider an inheritance to be separate or marital property. However, if a spouse receives an inheritance and then combines or “co-mingles” the asset with marital property, the inherited asset is likely to be viewed as having become the property of both parties.

Is your spouse liable for your debt in Michigan?

As Michigan is not a community property state, if a loan or credit card was held only in the name of the deceased spouse, the surviving spouse is not responsible for the debt. Even one late payment can affect your credit score.