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Property division

How property is divided and the role of fault.

Fundamentally speaking – How property is divided and the role of fault. I have published many articles for the State Bar of Michigan Family Law Journal with the headline: “Fundamentally Speaking”. The articles were geared towards the divorce and family law bar and discussed the seminal cases on Michigan divorce and family law. This video[…]

abandonment

Dear John letter? Abandonment in a Michigan divorce case.

“By the time you read this line, I’ll be gone. . .” originates from a popular 1980’s sit-com by the name Dear John starring Judd Hirsch, premised the abandonment of his wife, who simply got up and left his relationship. Abandonment may be relevant in a Michigan divorce but is not an independent cause of action[…]

Fault

Fault.  Another fight of the century – Ali v. Ali (not really)

In the case of Ali v. Ali, the husband took an appeal from the trial court’s decision to award the wife 80% of the value of the marital home.  Why? Because the court found him at fault for lying to the court about his assets and income. While there is no requirement under Michigan law[…]

Christmas divorce

Christmas gifts, wedding gifts, engagement ring and divorce.

Tis the season to be merry. . . but what if you don’t want to be?  How does a court decide who gets the Christmas gifts? Michigan law regarding property division provides the answer.  A general rule of Michigan divorce property law is the notion that property acquired during the course of the marriage is[…]

Tax exemptions, tax deductions and Michigan divorce

Tax exemptions, tax deductions and Michigan divorce:  The most comprehensive publication on tax considerations applicable to Michigan divorced or separated individuals is published by the Department of the Treasury – Internal Revenue Service Publication 504 for use in preparing tax returns.  A link to the publication can be found at:  http://www.irs.gov/pub/irs-pdf/p504.pdf This IRS publication addresses[…]

Double dipping – paying twice – is it legal?

Double dipping – paying twice – is it legal?  Double dipping is a legal term to describe paying twice for the same thing.  When dividing property in a Michigan divorce your divorce attorney tries to maximize or minimize what is marital property depending on the circumstance.  The court tries to divide marital property equitably or[…]

Dividing pension benefits in a Michigan divorce

Dividing pension benefits in a Michigan divorce:  A pension plan is a contract for the payment of a fixed sum of usually following retirement.  The plans are also known as defined benefit plans because the fixed sum of money is a “defined benefit”. In a Michigan divorce, property acquired during the course of the marriage[…]

How to divide Retirement accounts in a divorce

How to divide retirement accounts in a Michigan divorce:  When property is divided in a divorce, lawyers and judges typically focus on property acquired during the course of the marriage.  Retirement accounts are considered property and come in all shapes and sizes.  So what are the major types of retirement plans and how do we[…]

Michigan divorce law update. Avoiding a 10% early retirement penalty.

Divorce in Michigan – Avoiding a 10% early retirement penalty:  In almost every divorce case, at least one party is a beneficiary of a retirement account and in many instances, a retirement account is a marital asset that can be divided without a 10% early withdrawal penalty. In simple terms, if a portion of a[…]

Michigan Property division video

Michigan Divorce Education Series – Property division Divorce in Michigan  – Property Division:  This video Webinar is a comprehensive explanation of Michigan law and strategy covering property division.  Key learnings and strategies are discussed.  I am hopeful you find it both empowering and educational.  A summary of the topics covered is provided below.  (run time[…]

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