Michigan Divorce Law...

Michigan Law - What Factors Do Courts Consider in Property Division

In dividing property, the courts in Michigan consider all the facts of the situation and make their award based on what they perceive as fair.

In particular, the court considers the following factors:

• The duration of the marriage.
• Contributions of the parties to their joint property.
• Age of the parties.
• Health of the parties.
• Station in life of the parties.
• Necessities and circumstances.
• Earning ability of the parties.

Cases:

Diephouse (1983) 127 Mich App 526 (The court granted the wife $23,000 of alimony in gross (to be paid at the rate of $350 a month for 66 months), where she contributed to the husband's potential future earnings. The wife had worked full-time while the husband studied for his doctorate degree. In coming to its decision the court took the following into account: 1) The marriage was only five years, the husband 27 and the wife 26 at the time of divorce. 2) The wife was found to have contributed $16,000 more to the marriage than the husband. 3) The breakdown of the marriage was not for any infidelity or wrongdoing, the husband simply decided to end the marriage. 4) The husband was now earning $31,000 a year, while the wife was earning $9,000, and this disparity was only likely to increase. 5) The wife's income was not enough for her to make the payments on the marital home worth $65,000, awarded to her. The husband claimed that the wife had not been particularly supportive while he was writing his thesis. However, the court noted that the husband waited until he had finished his thesis and had a well-paying job before he separated from his wife.)

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