When determining the division of property in a Michigan divorce, the first consideration for a court is the determination of which portions of the estate are separate and which is part of the marriage. In determining the division of property, things like inheritances are usually considered to be the separate property while a business or asset owned prior to the marriage may or may not be considered to be a separate asset, depending upon how it was treated during the marriage. At times items of property might have characteristics where they are part separate property and part marriage property. A judge may use one spouse’s separate property when necessary to provide for the adequate post-divorce support of the other spouse.

Factors to be considered by the trial court when dividing the marital estate include:

• The source of property
• The parties’ past relations and conduct
• The duration of the marriage
• The parties’ contribution towards its acquisition
• The parties’ health
• Necessities and circumstances of the parties
• The parties’ earning ability
• The cause for divorce
• The age of the parties
• The parties’ life status
• General principles of equity (fairness)
• The needs of the parties
• Additional factors deemed relevant to a particular case.

More information about Divorce

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