Getting divorced is a big change. You might ask, “What things do I get?” It’s good to know what the rules in Michigan say. Knowing your rights helps you make smart choices.
What is a Fair Share When Getting Divorced?
Sharing Your Stuff: When people divorce in Michigan, they need to split the things they own together. The law says the split must be fair. Think about sharing cookies with a friend. You want to make sure it’s fair for everyone.
Fair Doesn’t Always Mean Equal: Fair might not mean splitting everything exactly in half (50/50). A judge looks at many details. Sometimes one person gets more, sometimes less, to make it truly fair.
Things a Judge Looks At:
* How many years the couple was married.
* What each person added to the marriage.
* What each person will need after the divorce.
More Things for a Fair Split:
* How old each person is.
* How healthy each person is.
* What is best for the kids, if they have any.
Example of a Fair Split: Sue and Bill were married 12 years. Sue stayed home with their two kids. Bill worked outside the home. The judge might give Sue more of the money from selling the house. This helps her have a home for the kids since she didn’t earn wages for years.
Can a Wife Get Money Help From Her Husband?
Help With Money After Divorce: Yes, sometimes one person gets money help from the other after a divorce. This is called alimony or spousal support. It helps the person who earns less money to live. You can find info in the Michigan Alimony Guide.
When Money Help Might Happen: Money help is more likely if the marriage was long. It’s also looked at if one person makes much more money. A judge decides if help is needed and for how long.
Reasons for Money Help: * The marriage lasted many years.
* One person earns a lot more than the other.
* One person needs time to learn job skills.
Other Things the Judge Thinks About: * How the couple lived during the marriage.
* Each person’s age and health.
* If one person can earn enough on their own.
Example of Money Help: Ann and Tom divorced after 25 years. Tom always made much more money. Ann needs to go back to school to get a job. The judge told Tom to pay Ann money help for five years.
What About Money Saved for Old Age (Like 401ks)?
Splitting Retirement Money: Money saved for when you are older, like in a 401k plan, is usually owned by both people if saved during the marriage. This means it often gets split in a divorce. This is part of making the whole split fair.
How Retirement Money is Split: Splitting this money needs special care. A court order is usually needed. A lawyer can help do this the right way so no one pays extra taxes now.
Types of Retirement Money Often Split: * 401(k) plans from work.
* Pension plans (money paid later).
* IRA accounts (personal savings).
Why Splitting This Money Matters: * It can be a lot of money.
* It helps both people have money for later life.
* Not splitting it would likely be unfair.
Example of Splitting Retirement: Joe had a 401k at his job. He was married to Kim for 15 years. When they divorced, the money added to the 401k during those 15 years was shared. Kim got her share using a special court order.
Do I Keep Things I Owned Before Marriage?
Keeping Your Own Stuff: Things you had before you got married are usually yours alone. This means they might not be part of the split. Gifts or money you got from family just for you also might stay yours.
When Your Stuff Gets Mixed: Sometimes, your own things get mixed with shared things. Maybe you used money you got from your parents to fix up the family house. It can get tricky to sort out what’s yours and what’s shared. Learn about Inherited Property in Divorce.
Things That Might Be Yours Alone: * A car you owned before the wedding day.
* Money your grandpa left only to you.
* Jewelry given just to you as a gift.
How Your Stuff Can Become Shared: * You add your spouse’s name to your house deed.
* You put money you got from family into a shared bank account.
* You use your own money for shared family costs for a long time.
Example of Mixed Stuff: Pam owned a small shop before marrying Rick. Rick helped run the shop during their marriage. When they divorced, the judge had to figure out how much of the shop’s value was still just Pam’s and how much was shared because Rick helped.
What About Debts? Who Pays Those?
Sharing the Bills: Just like you share things you own, you also share debts made during the marriage. This means things like credit card bills or loans. The court tries to split these debts fairly, too. Deciding Who Pays: A judge decides who has to pay each debt. They look at who got the benefit from the debt. They also look at who can better afford to pay it.
Debts That Often Get Split: * Loan on the family house.
* Loans for family cars.
* Credit card debt from buying shared things.
Things That Help Decide Who Pays Debt: * Who signed up for the debt.
* What the money was spent on (family vs. personal).
* How much money each person earns.
Example of Splitting Debt: Dan and Lisa used a credit card for family trips and fixing their roof. They owed $8,000 when they divorced. The judge said they each had to pay $4,000. Lisa also had school loans from before they married; those stayed her debt alone.
Does How Long We Were Married Matter?
Short vs. Long Marriages: Yes, how long you were married matters a lot. If you were married only a short time, the split might just put things back the way they were before. If you were married a long time, your lives are more tied together. How It Affects Shares and Money Help: In long marriages, things are more likely to be split close to half. Money help from one person to the other is also more common after a long marriage. This is because one person might have depended on the other for money for many years.
Short Marriages (Like 1-4 years): * Often, each person keeps what they brought in.
* Shared stuff might be split based on who paid.
* Money help is less common.
Long Marriages (Like 10+ years): * Shared stuff is often split near 50/50.
* Money help for one person is more likely.
* Retirement money saved during the marriage is usually shared.
Example of Marriage Length: Couple One divorced after 3 years. They mostly kept their own bank accounts and cars. Couple Two divorced after 22 years. Their house, savings, and retirement funds were shared fairly, and one spouse got money help for a time.
What If We Have Kids? How Does That Change Things?
Kids Come First: If a couple has children, the divorce must also make plans for them. The most important thing is what is best for the kids. This means deciding where kids live, when they see each parent, and how they are supported with money. Making Plans for Kids: A judge makes orders about the children. This covers who the kids live with most (this used to be called custody). It also sets a plan for time with the other parent (parenting time). And it orders child support (money for the kids’ needs).
Key Things About Kids in Divorce: * **Where Kids Live:** Deciding the main home for the kids.
* **Time With Parents:** Making a schedule for kids to see both parents.
* **Money for Kids:** Figuring out how much money is needed for the kids.
What “”Best for the Kids”” Means: * Keeping kids safe and healthy.
* Making sure kids feel loved.
* Thinking about what older kids want, too.
Example With Kids: When Mary and Paul divorced, they had a son, age 8. The judge decided they would both make big choices for him. The son lived with Mary most of the time. Paul saw him every other weekend. Paul paid child support money to Mary each month.
How Does a Judge Decide What’s Best for Kids?
Using Special Rules: Michigan law gives judges a list of things to look at. These things help the judge decide what is best for the children. It is not just about what the parents wish for. Parents vs. Judge’s Job: Sometimes, a parent feels something is unfair to them. But the judge must focus on the children’s needs first. The goal is to make sure the children will be okay. You can hear more in the main video What is a wife entitled to in a divorce in Michigan?
Some “”Best for Kids”” Things: * The love between parents and the child.
* If each parent can give the child food and a home.
* The child’s life at home, school, and town.
More Things Judges Look At: * The health of the parents and child.
* If each parent helps the child see the other parent.
* If there has been any hitting or danger in the home.
Example of a Judge’s Choice for Kids: A dad wanted the kids half the time. But his job meant he traveled a lot. The mom had a steady job nearby. The judge said the kids should live with the mom during school weeks. The dad got weekends and more summer time.
What if We Can’t Agree on How to Split Things?
When You Don’t Agree: Sometimes couples just can’t agree on how to split things or handle kids’ plans. If you can’t work it out together, a judge might have to decide for you. You might need to go to court. Going to Court: If you go to court, both sides tell their story. They show papers and explain why their idea is fair. The judge listens and then makes the final choices based on the law. Learn more about this in the video What Happens If You Don’t Agree With the Terms of a Divorce Settlement?
What to Do if You Disagree: * Try talking with help from lawyers.
* Find papers that support your view.
* Get ready to tell a judge your side if needed.
Things a Judge Can Decide: * How to split all property and debts fairly.
* If one person pays money help to the other.
* Where kids live and when they see each parent.
Example of Solving a Disagreement: A couple could not agree on how much their house was worth. Each got someone to price the house. The judge heard from both people and picked a fair value. This value was used to split things.
Is Getting Divorced in Michigan Hard to Do?
Understanding the Steps: Getting divorced means following legal steps. Michigan is a “”no-fault”” state. This means you don’t have to blame your spouse for the divorce. But there are still rules and papers. Why It Can Feel Hard: Splitting everything fairly takes work. Making plans for kids takes thought. Feelings can make it hard to decide things. Knowing the rules helps make it smoother, as talked about in Is Divorce in Michigan More Complicated Than You Think?
Common Steps for Divorce: * One person files papers to start the case.
* The other person gets the papers and answers.
* Both sides share info about money and things they own.
Parts That Can Be Tricky: * Following court rules and dates.
* Figuring out how much things are worth (like a house).
* Agreeing on things when you are upset.
Example of a Tricky Part: A couple agreed on almost everything. But they argued a lot about who would keep their dog. Even small things can make the divorce take longer if people can’t agree.
Should I Get a Lawyer for My Divorce?
Getting Legal Help: You can get divorced without a lawyer in Michigan. But divorce deals with important rights about your money, property, and kids. A lawyer can help protect you and guide you. How a Lawyer Helps: A lawyer knows Michigan family law. They can tell you your choices, do the paperwork, and speak for you. They help you get a fair result under the law. The lawyers at Michigan Divorce & Family Law Attorneys – ChooseGoldman know how to help.
What a Lawyer Can Do For You: * Explain the law simply.
* Help you talk things out with your spouse.
* Make sure court papers are right.
When a Lawyer is Very Useful: * If you and your spouse disagree a lot.
* If you have children.
* If you own complex things like a business.
Example of Lawyer’s Help: Mark got divorce papers from his wife and felt lost. He hired a lawyer who explained it all. The lawyer helped Mark get a fair share of their savings and set up a good plan for seeing his kids.
Thinking About Fairness: Being “”fair”” in a divorce means looking at everything. It includes how long you were married and what each person needs going forward. It is not always just cutting things in half. Planning for Your Future: Divorce changes your money situation. It’s key to think about retirement money and how things are split. Good advice helps you understand how divorce affects your life later on.
Frequently Asked Questions (FAQs)
1. Does Michigan split everything 50/50 in divorce? Michigan wants a fair split. Often it’s 50/50, but a judge can change it based on what’s fair in each case. 2. What does “”no-fault”” divorce mean? It means you don’t have to prove someone did something bad (like cheat) to cause the divorce. You just say the marriage is over. 3. How fast can I get divorced in Michigan? There’s a waiting time. It’s 60 days if no kids, and 180 days (about 6 months) if there are kids. 4. Can I get money help if married only a short time? It’s less likely. Money help is more common in longer marriages where incomes are very different. 5. Who gets the house when we divorce? It depends. Sometimes one person buys it from the other, or it’s sold. The parent kids live with might stay there. 6. Do moms usually get the kids? No. The law treats moms and dads the same. Decisions are based only on what’s best for the child. 7. What if my spouse hides money? Hiding money or property is wrong. Lawyers can help find things that are hidden. 8. Does it matter who asks for the divorce first? No, usually not. Filing first doesn’t give you an advantage in court. 9. What is child support money for? It helps pay for a child’s needs. This includes food, clothes, school, and a place to live. 10. Is retirement money split even if we are young? Yes. The part saved during the marriage can be split now. Special court orders are used for this. 11. Do we have to see a judge to get divorced? Not if you agree on everything. If you agree, you write it down, and a judge approves it. 12. What if I owned a house before marriage but added my spouse’s name? Adding their name might mean the house is now shared property. It makes things more tricky to sort out.
Do You Have Questions?: Divorce brings up many questions about what you get. Every case is unique. Talking to a legal expert can give you clear answers. We Can Help: If you have questions about Michigan divorce, call Goldman and Associates. We know family law well. We can help you know your rights about property, money help, and kids. Contact Us: Call or text us at **(248) 590-6600**. Or visit **ChooseGoldman.com** to learn more and set up a free first talk.