Spouses may agree on how to divide their property in what is called a marital settlement agreement, which is a contract between the spouses that divides property and debts and resolves other issues of the divorce. Although many divorces begin with a high level of acrimony, a substantial majority are settled without the need for a judge to decide property or other issues. However, if the division of property or other issues cannot be settled by the spouses and their attorneys, the court makes the necessary determinations.

If a Michigan court decides your property settlement, the judge applies the concept of equitable distribution, which means the court divides the marital property in a fair manner. The division may be equal (50-50) or something else. Some of the factors considered by the court in dividing property include: the amount of nonmarital property each spouse has, each spouse’s earning power, services as a homemaker, waste and dissipation, fault, duration of the marriage, and age and health of both spouses.