By David R. Dawson | Published March 30, 2026 | Posted in Divorce | Tagged Tags: divorce, equitable distribution, marital property | Comments Off on When Separate Property Becomes Marital Property in Michigan
When Separate Property Becomes Marital Property in Michigan
One of the major concerns of divorcing couples is what property they can keep and what they’ll need to give up. Michigan follows an equitable distribution system, meaning courts aim to divide marital property fairly though not always equally. Marital property is subject to division while separate property is protected. But the line between separate Read More
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What Happens if a Child Support Payer Is Underemployed?
Child support obligations in Michigan are grounded not just in what a parent currently earns, but in what they are reasonably able to earn. The law recognizes that children are entitled to ongoing support, regardless of the paying parent’s present employment status. There are court remedies available when a parent who owes child support is Read More
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What Is Rehabilitative Alimony and How Is it Determined?
Rehabilitative alimony is a form of spousal support awarded after a divorce in Michigan. Its purpose is to help a lower-earning or financially dependent spouse acquire the education, training or work experience necessary to become self-supporting. Rehabilitative alimony is playing a more prominent role in Michigan divorces as more spouses who paused their careers during Read More
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Limitations on Relocating With Your Child After Divorce
If you’re a parent considering a move after divorce, you should know that Michigan law imposes strict rules. When parents share joint legal custody, consent or court permission is required if one parent wishes to move a child more than 100 miles within Michigan, to another state or in a way that would substantially interfere Read More
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What to Do if You Think Your Spouse Is Hiding Assets in a Divorce
In a Michigan divorce, the process of equitable distribution is used to ensure that marital assets and liabilities are divided fairly between spouses. However, problems can arise when one spouse attempts to secure a better financial settlement by hiding assets that should rightfully be included in the division. These actions undermine the process and can Read More
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How to Make Your Prenuptial Agreement Virtually Bullet-Proof
Michigan courts recognize the right of individuals to enter into premarital contracts that define the distribution of assets and spousal support in the event of divorce. A prenuptial agreement (“prenup”) is enforceable if it is transparent, voluntary, fair and legally sound. However, courts retain the discretion to intervene if an agreement falls short of the Read More
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Key 2025 Updates to the Michigan Child Support Formula
The Michigan Child Support Formula is a device that determines the amount of financial support that non-custodial parents must pay following divorce or separation. This formula is primarily based on each parents’ earnings. It further considers expenses such as childcare, health insurance and uninsured medical costs, as well as the amount of time children spend Read More
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How Surrogacy Legalization in Michigan Can Affect Families
Until 2005, Michigan stood alone as the only U.S. state with both civil and criminal bans on reproductive surrogacy. Any surrogacy agreement was declared void and unenforceable. Moreover, those who entered into, facilitated or even attempted compensated surrogacy could face criminal penalties. The result was that many would-be parents were required to legally adopt their Read More
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How Courts Deal with Parents’ Disputes Over Children’s Education
When divorced parents make decisions about their children’s education, it is not uncommon for significant disagreements to arise. There are numerous educational avenues available, including public schools, private academies, religious institutions, charter programs and homeschooling. Each path may involve distinct teaching philosophies, religious considerations and extracurricular activities, as well as different financial burdens. These issues Read More
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Equitable Distribution Can Sometimes Apply to Separate Assets
In a Michigan divorce, the process of equitable distribution is used to divide property in a fair though not always strictly equal manner. State law distinguishes between two types of property. Marital property includes anything acquired by either spouse during the marriage, regardless of whose name is on the title. Separate property, on the other Read More
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