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PROPERTY DIVISION

PROPERTY DIVISION


Law Offices of RL Johnson PLLC

Michigan's Premier Business & Domestic Litigation Firm

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.

DISCLAIMER: All information contained in this website is for education purpose only and is not intended to be legal advice.  Moreover, communication with this firm does not form an attorney-client relationship. That relationship only occurs upon the execution of a retainer agreement.  Moreover, while the information contained in this communication may be based on laws and court rulings, it must not be relied upon as legal advice on specific facts. Law Offices of RL Johnson PLLC, its agents and affiliates cannot and will not render any legal or tax advice of any kind, unless said agent is duly licensed by the applicable state and/or federal authority to give said advice.

© 2012 by Law Offices RL Johnson PLLC

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