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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