Employment income earned during the marriage and before the separation date is considered marital income, regardless of who earned it. If one spouse works and makes a living, and the other is a stay-at-home parent who looks after the house and family, both spouses contribute to the marriage. For the equitable distribution of marital assets and obligations, the employment efforts are not preferred over the homemaker efforts. A spouse is not entitled to a bigger portion of marital property for he or she was the sole breadwinner during the marriage.
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What did The Court do To Determine Who Gets The Most?
The truth of the matter regarding the division of marital assets affects the breadwinner harder entails distinction from income. A breadwinner is related to income generation. It can affect child support or alimony. However, the court will try to make an equal division to the assets. There could be an appeal or argument if the situation that a sole breadwinner acquired the assets. It would be unfair to the part of the breadwinner. Yet, that is not how the law sees. Instead, it looks at all the contributions to keep up the household. The court regards what is just and fair. The other partner may be providing the moral and physical support that the children and the house needs. The court does not see this as unequal.
If one or both parties have remarried, the court can consider the new partner’s income and assets. If the new shares or spouse is to offer accommodation, then this can have a huge impact on the end outcome. If the demands are covered by their new partner’s resources, then there is difficulty in claiming the assets of their marriage. It will cause problems if the new relationship is short-lived or if there is a factual disagreement about whether a party is cohabiting.
Does it Make a Difference if the Woman is the Breadwinner?
Being the breadwinner throughout the marriage may provide a foundation for the other spouse to establish claims for post-separation support or alimony. Meanwhile, the dependent spouse may be entitled to post-separation support or alimony from the supporting spouse. This will depend on the circumstances and other criteria. It’s natural to want to claim the money as “yours” after you’ve worked hard for it. A married couple is a team, from which each contributes to the family’s net worth in different ways. It does not make a difference, and division of marital assets affects the breadwinner harder depends.
How the Michigan Attorneys Help in Marital Assets Cases?
Property is classified as “marital” or “separate” in Michigan divorce laws when it comes to asset division. Separate property is generally not subject to distribution, whereas marital property is. When splitting property, the first step for the courts is to figure out which of those categories the property items belong to.
Goldman and Associates Law Firm in Metro Detroit, Michigan, is one of the legal services that may assist you with these legal issues. Family lawyers have a distinct advantage in terms of experience and competence. If you face the situation that division of marital assets affects the breadwinner harder, contact one of our experienced, skilled, and knowledgeable attorneys for a free, confidential consultation. You can schedule a meeting with us.