Lashier Law, PLLC

Who keeps the house after divorce? A guide to marital division

2026-10-15T08:43:41Z

The family home represents years of shared history and for many families, the stability of children's lives. When the marriage ends, both spouses need to decide what happens to it. Michigan law provides a structured approach to that decision, and knowing how it works is an important first step.

How Michigan divides marital property

Michigan distinguishes between marital property and separate property. Property owned before the marriage typically remains separate. However, a home purchased during the marriage generally qualifies as marital property. The court divides marital property through equitable distribution. Courts typically begin with an equal 50/50 split as a starting point, then adjust based on specific factors unique to each case

Three ways to divide the marital home

During the final settlement, both spouses must agree on what happens to the home. Michigan law gives both parties several ways to handle this, depending on the financial situation and the family's needs. This includes:

One spouse buys out the other: The spouse keeping the home purchases the other's share of the equity. This requires a licensed appraisal and a mortgage refinance in one spouse's name.
Both spouses sell and split the proceeds: Selling creates a clean financial break. After paying the mortgage and closing costs, both parties divide the remaining equity.
Both spouses co-own temporarily: Some parents keep the home jointly until the children finish school. A written agreement must outline mortgage payments, maintenance responsibilities and a sale timeline.

Each option comes with financial and legal considerations. What works for one family may not work for another. The right path depends on the circumstances of the divorce.

Determining the home’s value

Understanding the home’s equity value can help both of you evaluate each option clearly. This refers to the difference between the market value and the remaining mortgage. A licensed appraiser establishes this figure. If both parties dispute the value, the court may order an independent appraisal.

Additional factors that influence the final decision

Michigan judges consider a range of financial and personal factors before reaching a final determination. These include:

The income of each spouse
The refinancing eligibility of each spouse
The equity in the marital home
The duration of the marriage
The contributions of each spouse
The needs of the children

Ultimately, the court aims to reach a fair outcome that reflects the full picture of the marriage.

Navigating property division in a Michigan divorce

For many families, the home is the most valuable asset in the marriage. Knowing how Michigan approaches property division can help both of you make grounded, informed decisions. A clear understanding of your options is the first step toward a fair resolution for both parties.

How infidelity impacts a no-fault divorce in Michigan

2026-10-15T08:19:34Z

Many wealthy people in Michigan think a no-fault divorce means cheating does not matter in court. However, this is a common misunderstanding. Assuming infidelity is legally irrelevant can be risky and may seriously impact someone’s finances. In reality, no-fault simply means that neither spouse needs to prove a reason to be granted a divorce. Misconduct is not necessary to start a divorce, but it is still a critical factor in settling property division and other terms.

Moving beyond the 50/50 split

Michigan follows an equitable distribution rule when it comes to property division. Courts generally split assets fairly between parties but it is not necessarily an equal 50/50 split. Judges also consider several factors when dividing assets, including the past relations and conduct of the parties. They can use an affair as a tie-breaker or a justification to award a larger share of the marital estate to the nonoffending spouse.

The financial cost of an affair

When high-earners have an extramarital relationship, they often end up spending a lot of money on their new partner. This usually involves major expenses like designer bags or jewelry, luxury vacations, high-end hotel stays or even rent on a separate apartment. During a divorce, a judge will look closely at this kind of spending. In the legal world, courts treat using shared marriage money to fund an affair as wasting marital assets. Because this money belonged to both spouses and should not have been spent on someone outside the marriage. During property division, a judge may credit those spent funds back to the marital estate by deducting them from the cheating spouse’s final share.

Spousal support and the multiple factor test

Michigan courts generally consider a number of elements to determine spousal support. In a divorce case that involves adultery, the fault of the parties is a key factor that a judge will take into account. Infidelity can influence both the duration and the monthly amount of alimony the judge awards. This can lead to an increased financial burden on the paying spouse.

Protecting your interests

In high-asset divorce cases involving business valuations and complex portfolios, infidelity can still reshape the outcome. If you are facing a divorce complicated by adultery or significant assets, your financial future is too important to leave to chance. A lawyer can provide guidance and representation that best fits your circumstances.

Dividing Retirement Accounts in a Michigan Divorce: A Step-by-Step Guide

2025-10-16T15:38:14Z

Dividing retirement savings during a divorce can feel stressful. You can protect your money by following a clear process and using the right court orders.

Know what counts as marital vs. separate

Michigan uses equitable distribution which means the court divides property fairly, not always equally. Property earned during the marriage usually counts as marital property under Section 552.19 of the Michigan Compiled Laws. Correctly classifying your accounts and using the right legal orders can help you avoid taxes, keep survivor benefits and make sure the division stays fair.

Choose a division method

You must use specific legal documents to move money from retirement plans without paying taxes or penalties. Here is how each works:

QDRO (Qualified Domestic Relations Order): Used for 401(k)s and pensions. It names the plan, states the amount or percentage and includes survivor benefits. The plan administrator must approve it before the court signs.
EDRO (Eligible Domestic Relations Order): Used for Michigan public employee plans instead of a QDRO.
IRA transfer: Divided through a “transfer incident to divorce.” The financial institution handles it directly instead of the court.

Using the right order keeps you compliant with plan rules and prevents unexpected taxes or delays.

Use the right order to divide plans

Once you know which type of order applies, the next step is to draft and process it correctly. Each retirement plan has its own rules so accuracy matters.

Check plan requirements first: Most administrators have specific templates or language they need. Using the wrong format can delay approval.
Submit the draft for pre-approval: Before filing it with the court, send the proposed QDRO or EDRO to the plan administrator for review. This helps you fix any issues early.
Get the court’s signature: After the plan approves the draft, the judge signs it and it becomes an official court order.
Send the final order back to the plan: The plan then processes the division and sets up separate accounts for each spouse.

Following these steps ensures your order takes effect without tax surprises or processing delays and that both parties receive the correct share.

What you can do next

Dividing retirement accounts in a Michigan divorce takes care and attention. You can avoid costly mistakes by classifying property correctly, valuing accounts accurately and preparing QDROs or other required orders. Because every plan has different rules, even small errors can affect your benefits. A divorce attorney familiar with Michigan law can help make sure all paperwork is correct and your financial future stays protected.

How can I protect my business when going through a divorce?

2025-04-23T18:32:56Z

Divorce is difficult. Those going through a divorce will need to negotiate the division of their property while balancing the emotional letdown that comes with the end of a marriage. This is never an easy process. Add in the complexity and demands that come with business ownership and an already difficult process can become overwhelming. Thankfully, there are steps you can take to protect your business while you go through the divorce process. The following will provide tangible steps you can take before and during the divorce to help mitigate the impact on your business.

Learn how the law will treat your business

State law guides the divorce process, so the answer to how divorce impacts your business will depend on the location of the divorce. In Michigan, the courts use equitable distribution to divide assets during divorce. This means the court aims to divide marital property fairly, though not necessarily equally. When making its determination, one of the first questions it will ask is whether the property is marital or separate. Separate property typically includes assets owned before marriage or acquired through inheritance or gift. It is important to note that even if you began the business prior to the marriage or received it through an inheritance, the courts may still consider the asset as marital property. This is especially true if assets tied to business operations were commingled with other marital property, such as funds in joint accounts. The next step is to determine the valuation of the business. This will provide an idea of the business’ worth and will play an important role in the negotiation process during the division of assets portion of the divorce.

Implement strategies to protect your business

Proactive measures can help to protect the business in the event of a divorce. One example is use of a prenuptial or postnuptial agreement. These are contracts that can govern the division of assets during divorce. You can tailor these agreements to address business interests. The difference between these two agreements is that a couple enters a prenuptial agreement prior to the marriage and a postnuptial agreement during the marriage. Shareholder or partnership agreements within the business itself can also offer protection. Clauses that address divorce scenarios, such as buy-sell agreements, help to protect business interests. It is also important to use the power of negotiation to your advantage. Use the business valuation to consider offering an alternative asset in exchange for retaining full ownership of the business. Common examples could include the family home, vacation property, or other piece of real estate.

Tips to manage business operations during divorce

As noted above divorce is more than just a legal proceeding; it is the end of a personal relationship. This can impact your mental health, and you may find yourself distracted, frustrated, or otherwise unable to focus on work obligations. The following tips can help to better ensure business operations continue with minimal impact while you navigate your divorce:

Delegate responsibilities: Rely on trusted employees or partners to manage day-to-day operations, allowing you to focus on personal matters.
Communicate with stakeholders: In certain situations, it can help to keep open lines of communication with employees and partners to maintain trust and stability.

By managing operations effectively, you can minimize disruptions and maintain business continuity. Divorce presents unique challenges for business owners in Michigan. By understanding the legal landscape and implementing protective strategies, you can safeguard your business interests. With the right approach, you can finalize your divorce in a way that keeps your business intact and ready for future success.

When and how to modify your divorce agreement in Michigan

2026-04-17T12:28:30Z

Divorce can be a challenging experience, but it's often just the beginning of the next chapter. For many divorced couples, the initial divorce agreement might need adjustments over time. This is a normal reflection of how life circumstances change. Post-divorce modifications are changes made to the original divorce decree to better suit the family's current needs. Understanding when and how to make these changes can help ensure they meet everyone's needs, especially the children's.

5 common reasons for modifications

There are countless reasons why divorced couples might seek to modify their divorce agreements or parenting plans. Here are some common ones:

Change in income: If one parent experiences a significant change in income, such as losing a job or receiving a substantial raise, this might necessitate a change in child support payments or alimony.
Relocation: If a parent needs to move to a different city or state for professional or personal reasons, the custody arrangement might need to be adjusted to accommodate the new distance.
Child's needs: As children get older, their needs change. Modifications need to address new educational requirements, medical issues or extracurricular activities.
Parental involvement: Sometimes, one parent becomes more involved in the child's life than before, or vice versa. The parenting plan might need to be adjusted to reflect the new level of involvement or change of primary residency.
Health changes: If a parent or child experiences significant health changes, adjusting the living arrangements or financial responsibilities might be necessary to better support the family's needs.

The legal process in Michigan

Modifying a divorce agreement or parenting plan in Michigan involves a legal process. The parent seeking the modification must file a motion with the court that issued the original divorce decree. This motion should clearly state the requested changes and the reasons for them. The court will then review the motion and consider whether the modification is in the child's best interests or merited. The court may require both parents to attend a hearing to discuss the proposed changes. During this hearing, both parents can present evidence and make their case. The judge will then decide whether to approve the modification based on the evidence presented.

Seek professional guidance

Even when ex-spouses or coparents have a good relationship, working with a skilled family law attorney to make a modification is often beneficial. An attorney can help ensure that agreements reflect the couple's current circumstances and continue to serve the children’s best interests.

What will my visitation schedule look like after the divorce?

2023-05-16T07:14:53Z

In Macomb County and many other places in Michigan, what is referred to as visitation or custody is really just called parenting time. Parenting time is the schedule that you and the other parent are going to follow now that you are separated. The Court relies very heavily on parents to create a schedule that they can both agree on. If they can’t make one on their own, the court will make the decision for you. It’s almost always best to try to work with the other parent to make that schedule on your own so that you have the most amount of input possible. You and the other parent undoubtledly are in the best position to decide how to raise your children. Here are our suggestions for creating the schedule: Put yourself in your children’s shoes – For just a moment, pretend you aren’t the parent and that you are the person who is actually going to have to live this schedule. Would you want to have to spend the night at a different house every night of the week? Would you want to have to go 7 days without seeing your other parent? Many parents unfortunately only think about what is convenient to them and what will upset the other party the most. Forget about your anger towards the other parent and think about what your children are going to be most comfortable with. Carefully consider where you are going to live – Practically speaking if the other parent lives in Romeo and you move to New Baltimore it’s going to be extremely difficult to exercise a lot of parenting time during the week. Your children are in school and putting them in the car for 45 minutes to get to and from school is probably not the best idea. Although you may want to move as far away from the other parent as possible so that you don’t have to see them, you are really only hurting your children by doing that. Try to choose a new residence in the same school district, if possible. That way your kids don’t have to change schools and they can likely take the school bus from either parents home or at least have a reasonable commute to school. Choosing a new home within a 10-15 minute drive of the other parent is going to provide you the best opportunity to have the most parenting time. If you aren’t going to be able to live close to your kids, consider spending every weekend with the kids instead of time during the week and swapping the schedule in the summer. If you are able to live close, consider the “2/2/5” schedule where one parent has Monday and Tuesday nights, the other parent has Wednesday and Thursday nights and the parents rotate Friday night through Monday morning. This gives each parent a large 5 day block of time every other week. Take into account the times school starts and ends – When parents really can’t get along, sometimes having one parent drop off at school and the other parent pick up from school can be the best situation to avoid as much contact with the other parent as possible. However, keep in mind that this forces your children to bring anything that they want to have at the other parent’s house to school which can make some children feel uncomfortable. Take into account work schedules – It doesn’t make sense for mom to have every Tuesday night if she has to work until 8pm and dad get’s off at 3pm. I had a client once where the other parent worked an early schedule and was off at 2pm so he would get the kids from school, get them dinner and even would take them to my client’s house while she wasn’t there to get the kids all settled in until she was home. Be flexible – I always suggest that everyone put a schedule in their Judgment of Divorce to use if they absolutely can’t agree. However, I encourage people to be flexible and to work together. If dad’s family has a special party on your weekend, swap weekends. If you have to work late, call the other parent and offer to let them keep the kids instead of getting a sitter. If one parent wants to plan a vacation that is going to conflict with the schedule, let them! Your kids will appreciate the flexibility and accommodation more than you know. Whatever schedule you choose, your kids will appreciate you putting their needs and comfort first. Keep in mind that this is all about quality over quantity. Having the most amount of time isn’t always what’s best for your kids, they need to have a good relationship with both parents in most circumstances. If you are thinking about filing for divorce, contact [nap_names id="FIRM-NAME-1"] at [nap_phone id="LOCAL-CT-NUMBER-1"] to schedule a free no-obligation consultation.

Am I going to get spousal support or alimony?

2022-09-12T14:54:27Z

Spousal Support or alimony is one of the most difficult issues to resolve in a divorce case. Unlike child support, there is no formula that the court must use to determine spousal support – it is very fact intensive and often depends heavily on your jurisdiction and the Judge assigned to your case. In divorce cases, spousal support is often resolved at mediation or through informal negotiations between the parties. If the case were to go to trial in front of a Judge, the Judge would have to use the following factors to decide the amount and length of spousal support. “(1) the past relations and conduct of the parties, “(2) the length of the marriage, “(3) the abilities of the parties to work, “(4) the source and amount of property awarded to the parties, “(5) the parties’ ages, “(6) the abilities of the parties to pay alimony, “(7) the present situation of the parties, “(8) the needs of the parties, “(9) the parties’ health, “(10) the prior standard of living of the parties and whether either is responsible for the support of others, “(11) contributions of the parties to the joint estate, “(12) a party’s fault in causing the divorce, “(13) the effect of cohabitation on a party’s financial status, and “(14) general principles of equity.” If the parties are able to agree on spousal support, they have the option of doing something called “non-modifiable” spousal support. This means that both parties forego their right to ask the court to increase or decrease the amount of support or the length of time that support must be paid – no matter what. If the parties have a trial and the Judge makes the decision about spousal support, the Judge is not able to order “non-modifiable support.” This is something that can only be effectuated by the agreement of the parties. There are many factors that go into the decision of whether to agree to non-modifiable support depending on if you are the potential payor or the potential payee. Careful consideration must be given to this decision. It is difficult for any attorney to quote an amount of support at the initial consultation because so many factors are unknown at the consult. Generally, the length of the marriage, earning capacity of the parties, education, and health of the parties are the factors that weigh the heaviest in spousal support determinations. Talk to an experienced family law attorney to discuss your unique circumstances. Call [nap_phone id="LOCAL-REGULAR-NUMBER-1"] to schedule a free no-obligation consultation with us today.

Can I do a joint divorce in Michigan?

2022-09-12T14:55:18Z

Yes! In 2019, the legislature enacted MCR 3.223 – Summary Proceedings for Entry of a Consent Judgment or Order. Summary Proceedings are appropriate for cases where the spouses are generally cooperative and have a tentative agreement on how to divide custody, parenting time, child support, spousal support, and property division. This process allows the parties to negotiate their agreement before filing a lawsuit with the Court. Once the parties have their agreement reduced to a Judgment of Divorce, the parties file a joint Petition for Entry of a Consent Judgment. Summary proceedings are not appropriate in cases where there is domestic violence or a history of domestic violence or unequal bargaining power. It is also not appropriate in cases where extensive discovery needs to be done – i.e. one party may be hiding assets from the other. In Summary proceedings, one or both spouses can (and should) hire an attorney to assist them through the process. It is important to note that an attorney can only represent ONE party or spouse even in summary proceedings under the attorney ethics rules.

Actions filed under this procedure are very new to the Court - having just recently been enacted along with the delays related to COVID-19.

Should I wait to file for divorce until my child turns 18?

2023-05-16T07:18:09Z

In Michigan, the timing of filing for divorce can make a huge difference in your case. Filing for divorce with minor children means that the mandatory waiting period from the time that you file to the time that a judgment can be entered is six months. There are some circumstances in which a Judge can reduce the waiting time, but different Judges have different opinions and policies on this issue and thus you should be prepared to wait six months when you file because you won’t know who your Judge is until the case is filed. If a divorce is filed without minor children, the mandatory waiting period from the time of filing until the time that a Judgement can be entered is sixty days. This is the shortest time period, and a Judge does not have discretion to shorten this time period any further. Additionally, filing for divorce with minor children requires a slightly more expensive filing fee, additional court forms related to the children, and additional court appearances or hearings. Child custody, parenting time, and child support must be established even if the child is 17 years old. So, if your youngest child is nearing age 18, you may wish to wait until their birthday has passed to file your case. However, there are a myriad of other factors that must be taken into account when deciding when to file. There are certainly circumstances in which it may be advantageous to file prior to the child’s 18th birthday. Again, depending on your case. It’s important to talk to an experienced divorce attorney to determine the best course of action for your case. Contact us today to schedule a free, no obligation consultation.

How do I file for Divorce in Michigan?

2026-04-17T12:30:14Z

In Michigan, a divorce is started when one of the spouses files a Complaint for Divorce in the Circuit Court. The case should be filed in the county where one of the parties has resided for at least ten days. To meet the jurisdictional requirements to file in Michigan, one of the parties must have resided here for at least six months (180 days). Each Court requires certain forms to be filed along with the Complaint for Divorce. We strongly recommend consulting with an attorney before you file for divorce to make sure you are fully aware of all the ramifications of filing. Here are some examples of forms that may be required to be filed depending on your jurisdiction. Summons – This is a State Court Administrative Office (SCAO) form that notifies the other party that they are being sued and lists a timeframe in which the Summons must be served on the other party. Verified Statement – This is another SCAO form that is turned into the Friend of the Court whenever a case is filed that involves children or spousal support. Record of Divorce – Some courts required that this form be filed with the initial pleadings. This is a form that is sent to the Michigan Department of Health and Human services for biographical record keeping. Case Inventory Addendum – This is a new SCAO form that is required whenever either party has had certain prior cases in the Circuit Court. Waiver/ Suspension of Fees/ Costs – There is a filing fee associated with filing for divorce. This SCAO form can be used if a party is indigent or unable to pay the filing fees associated with a divorce. Some Courts are set up to E-File the initial pleadings in a divorce case and others require them to be filed in person or by mail. It is important to note that once a case is filed with the Court it becomes a public record. So, your spouse may find out about the filing before you have time to serve him/ her with the documents. Appropriate measures should be taken to plan for this before you file for divorce. Also, filing the divorce is only step one to obtaining a divorce in Michigan. Many additional steps need to be completed that may require the assistance of an attorney. You should also consider filing temporary or ex-parte orders along with your initial pleadings to protect your marital estate. If you have concerns that your spouse may drain your bank accounts, cancel your insurance, cut you off financially, stop paying marital bills, or destroy your personal possessions, you should consult with an attorney before you file for divorce. Formulating a plan prior to filing for divorce is essential. Contact us today to schedule a free, no obligation consultation with our experienced family law attorneys.