Dividing Marital Property
In Michigan, division of marital property follows the rule of equitable distribution. Although there is no requirement that property awards to each party be precisely equal, there is a presumption that the division of marital property (as contrasted with separate property) will be roughly congruent. If a court departs from this presumption of congruence, it must explain its reasons clearly.
That said, aside from issues surrounding the division of the marital homes, the largest assets to be divided in most marriages are retirement benefits.
The division of retirement benefits is typically accomplished, to the extent necessary, by qualified domestic relations order (“QDRO”), eligible domestic relations order (“EDRO”), and/or domestic relations order (“DRO”), whichever is appropriate in each instance. Any such necessary division orders are generally prepared by a third-party preparer for which the parties share the fees for preparation.
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