Property Division Attorney Serving Birmingham And Oakland
Last updated on October 8, 2026
You have spent years building your life, and now you are watching it become a point of negotiation. At Cannon Law PLC, we understand what is at stake. We are dedicated, aggressive advocates, and we fight just as hard for your future as you did to build it.
How Property Division Works In A Michigan Divorce
Michigan follows equitable distribution, meaning courts divide marital property fairly, not necessarily equally. The factors courts commonly consider include:
- Length of the marriage: Longer marriages often result in a more balanced asset division
- Contributions of each spouse: Courts weigh both financial support and nonfinancial roles, such as caregiving
- Earning capacity: Judges evaluate each spouse’s ability to be financially independent after divorce
- Minor children’s needs: Custody can affect decisions about the family home and major assets
- Dissipation of assets: Whether either spouse wasted or hid marital property may factor into the court’s decision
The weight of each factor depends on the facts of your case, and these decisions will shape your financial life for years to come. What you agree to today determines where you live, how you retire and what you carry forward. Do not rush into an unfair settlement simply to end the conflict.
What Assets Do Courts Divide In A Michigan Divorce?
Marital assets are the property and financial holdings either spouse acquired during the marriage, regardless of which spouse holds title to them. Michigan courts may consider the following for division:
- The family home
- Retirement and investment accounts
- Business interests
- Joint bank accounts and savings
- Vehicles and personal property
- Stock portfolios and financial assets
Courts generally do not divide separate property, which includes gifts or inheritances received by one spouse alone and assets you owned before the marriage. However, separate property can become marital if mixed with marital funds or if it increased in value due to marital efforts or contributions.
At Cannon Law PLC, we prepare every case with care, keep you informed throughout and advocate aggressively on your behalf.
Frequently Asked Questions
Going through a divorce can feel overwhelming and emotionally challenging, especially when you want to protect your interests but do not know what to expect. Understanding how the legal process works can provide you with ease and peace of mind.
What does equitable distribution mean in a Michigan divorce?
In a divorce, equitable distribution means the court divides marital assets fairly based on the circumstances of the marriage, but not always equally. The court will consider key factors such as each spouse’s age and health, each spouse’s earning capacity, the duration of marriage, and whether either party committed misconduct that affected the finances. Because every divorce is unique, the outcome will depend on the specific facts of the case.
What happens to the family home in a divorce?
During a divorce, the couple may sell the family home and divide the proceeds, or one spouse may keep the house by purchasing the other spouse’s share. In some cases, the court allows one spouse, often the parent with primary custody, to stay in the home for a period before it is sold.
The decision usually depends on equity in the home, the mortgage, each spouse’s ability to afford the property and what arrangement is best for the family.
Is it possible to divide retirement accounts during a divorce?
Yes, the court may divide retirement accounts and investment accounts if the couple earned them during the marriage. This can include 401(k)s, pensions, and certain IRAs or other retirement plans. Courts typically consider the portion earned during the marriage as marital property and may split it through a court order, often a qualified domestic relations order, for employer-sponsored plans.
Any money or property accumulated before the marriage may remain separate, though that can depend on the facts and whether the funds were mixed.
What if my spouse is hiding or wasting assets?
Michigan courts can address dissipation or concealment of marital assets, and a spouse who hides money or spends marital funds for nonmarital purposes may face consequences in the property division. It is often possible to uncover financial misconduct through discovery, subpoenas, bank records and other documentation.
If you suspect this is happening, it is important to act quickly and preserve records since the court may adjust the division to make the outcome fair. Our Michigan divorce lawyers can help review financial evidence, identify concerns and advocate for a fair division of property.
Everything You Have Earned Deserves A Strong Advocate
Your financial future is not a bargaining chip, and you deserve a legal team that treats it that way. Our firm, Cannon Law PLC, serves clients throughout Birmingham and Oakland County with dedicated, one-on-one representation at every stage of the process. Call our office today at 248-929-9750 or reach out to us online to schedule your initial consultation.