Divorce - property division, spousal support, retirement, and inheritance

PROPERTY DIVISION IN GENERAL 

A divorce can be extremely dirty. Parties may try to hide assets or even sell them off in a fraudulent manner. The pivotal questions are what is yours and how much?  In Michigan, property is divided equitably.  Is that 50-50? Not quite.  The court will look at many factors in determining what you are entitled to.  And fault is not one of the many factors heavily weighed. Rather, what the parties have contributed to the marriage is considered. And yes,  house-work is considered a huge contribution.  I addition, the length of the marriage, the parties respective ages,  and their health is considered.  Although, this is not an exhaustive list, you get the idea.

SPOUSAL SUPPORT

As far as spousal support goes, it is not considered an obligation like child support. Along with the considerations in property division, the court factors in: the length of the marriage, your spouse's ability to work, what the market for that trade, etc. Spousal support is paid in two different ways - in a lump sum or over time. Courts also tend to grant rehabilitative support more often than not. This type of support allows for the underprivileged spouse to get back to a good earning capacity.

IS YOUR SPOUSE ENTITLED TO YOUR RETIREMENT?

The short answer is maybe.  You may be able to negotiate a way to keep your retirement for yourself if used as a bargaining chip. Therefore, to keep your hard earned retirement, some counseling is needed. Call the offices of J. Iandolo Law, P.C. at 269-312-9747 to discuss your options.

INHERITANCE

Again, it depends. It depends on the circumstances. In most situations, an inheritance is free from property division unless it was co-mingled into the marital estate.  What does co-mingled mean? Did you use that money to enhance the marital lifestyle? Can that money be traced? You should contact an attorney to ascertain and protect your rights.

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How do I keep custody of my child in a divorce in Michigan.

J. Iandolo Law, PC

Even though you may think that a divorce may be simple, it can become complicated when children are involved. As a family law attorney in Southwest Michigan, I have had many clients come into my office and say: "this is easy, we are on good terms."  My response is not so simple. My firm walks a fine line to be as amicable with the other party as possible. In the end, the court usually decides who has parenting time, legal and physical custody.

Many parents do not understand the difference between legal and physical custody. They are not the same.
Legal: the parent that makes important decisions regarding the child: education, religious practices, medical, and other health-care issues.
Physical: the parent with whom the child will live.


When determining custody, the court considers 12 factors called the "best interest factors." Each factor is looked at independently, and each needs to be competently argued.  These factors include: the mental health of the parents, the family unit, the child's current lifestyle, and any abuse issues, etc.

Parenting time is different than custody. This is time that the non-custodial parent will get with the child.  The court almost always ensures that the non-custodial parent has parenting rights to their child. The courts want to foster a parent-child relationship if possible.  This being said, sometimes the court will find extraordinary reasons not to grant parenting time, or impose some restrictions.

The court follows a manual when determining parenting time. This usually allows for overnights on the weekend, and one day after school. But this can be modified if the parents can agree.

Lastly, the time that a parent has custody of the child will only be one factor in the amount of child support awarded. Remember that child support is an "obligation" owed to your child.

Jeremy Iandolo, Esq
iandololaw.com
iandololaw@gmail.com