Michigan divorce law update: The Divorce Veteran benefits myth.

Divorce in Michigan and veterans benefits:  There is a myth regarding Michigan Divorce Veteran benefits and disability Veteran benefits.  The veteran benefits myth is that Congress clearly intended to protect veterans’ benefits from being awarded to anyone other than the veteran, including children and former spouses. The foundation of the veteran benefit myth likely stems[…]

Michigan divorce law update: Alimony and tax considerations.

Alimony, taxes and divorce in Michigan:  Addressing potential tax issues in your negotiations can avoid problems in the future. For example, many lawyers believe that alimony payments are always tax-deductible to the person paying and taxable as income to the recipient.  This is not the case.  In order to qualify for the taxable or tax-deductible[…]

Michigan Divorce – foreign marriage – Married in another State or Country; Can Michigan hear my case?

Foreign marriage and divorce in Michigan:  The United States is a nation of immigrants, and Michigan is no different. People live in Michigan for work, school, family and a variety of other reasons.  However, when a marriage is struggling, I am often asked where can I get divorced?  Can I get a Michigan Divorce? If[…]

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Michigan divorce law update: Fault matters

Fault matters and Divorce in Michigan:  On June 26, 2012, in Gill vs. Gill, Jr., docket no. 301839, the Michigan Court of Appeals upheld an award of approximately 75% of the marital estate to our client. The trial court found the husband significantly at fault for the marital dissolution. Daniel Findling argued at trial that[…]

Michigan divorce law update Child support collection

Child Support Collection and Divorce in Michigan:  What do a schizophrenic mom, a rural orthopedic surgeon, and a deadbeat living in Key West Florida have in common? The impossibility defense, a new nearly insurmountable barrier to successfully defending felony nonsupport charges. In Michigan, failing to pay child support is a criminal felony. This felony non-support[…]

Michigan divorce commentary: Birth support

Birth Support and Divorce in Michigan:  On July 6, 2012, Shari Motro, a law professor at the University of Richmond wrote an editorial in the New York Times advocating Preglimony. Preglimony is sort of alimony for pregnant woman and would include the loss of income arising from pregnancy, or the cost of an abortion. Professor[…]

Should I divorce? Simon Cowell, Heidi Klum, Johnny Depp, and you.

Deciding to divorce:  Celebrity break-ups make headlines.  For everyone else, break-ups make headaches. Deciding when enough is enough is never easy.  There are multiple considerations including the effect on children, financial and emotional happiness.   Whenever a relationship is on the rocks, I always advise my client’s of the three choices.  They are simple and[…]

CHANGING PENSION OR LIFE INSURANCE BENEFICIARY AFTER DIVORCE. A JUDGMENT OF DIVORCE MAY NOT BE ENOUGH!

Changing pension or life insurance beneficiaries after divorce. A Judgment of Divorce may not be enough! In almost every Judgment of Divorce, the parties either award or waive an interest in the former spouses’ pension plan(s) or life insurance plan(s). However, if the benefit is governed by ERISA, a waiver in a Judgment of Divorce[…]

Why Kim Kardashian does not have to give back her engagement ring.

Married for 72 days? Keep the ring! Etiquette books may say if a marriage has lasted less than a year, then an engagement ring should be returned. Michigan law, is not politically correct on this issue. If the Kim Kardashian divorce was filed in Michigan, she would get to keep the ring. Under Michigan law,[…]

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