Division of Property in Divorce Cases

The parties usually arrive at a property settlement. If the parties do not reach a settlement, the court will decide the matter after a trial.

In determining property issues, the court will usually consider the following:

1. The length of the marriage
2. Contributions of the parties to the marital estate
3. The age of the parties
4. The health of the parties
5. Others the parties are supporting
6. Necessities and circumstances of the parties
7. Earning abilities of the parties
8. Past relations and conduct of the parties (fault)
9. General principles of equity

Generally, property of the marriage in Michigan is divided fifty-fifty (50-50).

The court may order arbitration if the parties cannot agree on how to divide property.