Property Division: III

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III. Circumstances where marital property and debts may be ...

... divided unequally.

This occurs in relatively rare circumstances. Some examples:

1. Prenuptial agreement — see IV (A) ["Special property issues"].

2. Short-term childless marriage.

   1. Definition of "short-term" is not precise, but would usually include marriages of less than two years and may include longer marriages, if there are no significant intervening factors.

   2. Typical outcome:

      1. the court will attempt to restore the parties to their premarital status.

      2. any increase/decrease in net worth is shared equally, but see Section II A 5 ["Separate property issues"].

   3. A different outcome may be expected if one party has become economically disadvantaged by a significant intervening factor, for example:

      1. development of a serious health problem.

      2. financial set back resulting from the marriage, such as giving up employment or relocating.

3. When one or more equitable factors dictates an unequal property division:

   1. Source/contribution, sometimes difficult to differentiate from "separate property" claim, see II ["Separate property issues"]..

   2. Need/health/age/disparity in income, though often adjusted through spousal support.

   3. Fault, cannot be given disproportionate weight. Sparks v Sparks, 440 Mich 141 (1992); McDougal v McDougal, 451 Mich 80 (1996).

      1. Fault in the breakdown of the marriage rarely dictates a disproportionate property division unless the conduct is extreme or has economic consequences. Examples:

         1. Significant abuse — physical or emotional.

         2. Blatant infidelity — particularly combined with diversion of income or assets.

         3. Wanton dissipation of assets.

         4. Criminal conduct.

      2. Fault is not a basis for punitive inequitable division. If fault is established and there is no countervailing factor, shift would rarely exceed 5-10%.

4. Fraudulent transfer or concealment of assets. In some cases, the hidden asset could be awarded wholly to the innocent spouse, but there is no automatic rule of forfeiture. Sands v Sands, 442 Mich 30 (1993).

• I. General presumptions

• II. Separate property

• IV. Special property issues

"The Messy (Legal) Steps of Divorce"
Divorce Court - Analysis of "Best Interests of the Minor Child," factor (C)
Divorce Court - Property division precedents
Divorce Court - Property division precedents, "Separate Property"
Divorce Court - Property division precedents, "Special Property Issues"
Divorce Court - Property division precedents, "Unequal Property Divisions"
Divorce Statistics - By What Criteria Do We Choose Partners?
Divorce Statistics - Net Worths, after Divorce
Divorce Statistics - Visitation and Child Support, Divorced Parents
Title to Property: Words Determine Rights

"The Messy (Legal) Steps of Divorce"
"Three Levels of Divorce"
After Your Judgment of Divorce
Attorneys' Roles in Mediation
Child Custody and the "100-Mile Rule"
Divorce Court - Analysis of "Best Interests of the Minor Child"
Divorce Court - Legal Divorce Process
Divorce Court - Michigan Compiled Laws (MCL)
Divorce Court - Michigan Court Rules (MCR), pro per advice
Divorce Court - Michigan Friend of the Court Bureau
Divorce Court - Michigan: One Court of Justice
Divorce Court - Property division precedents
Eavesdropping between Divorced Parents
One Mediator's Life as a Parent
Title to Property: Words Determine Rights

"The Messy (Legal) Steps of Divorce"
After Your Judgment of Divorce
Attorneys' Roles in Mediation
Child Custody and the "100-Mile Rule"
Divorce Court - "Forget Me Not" Program for Never Married Parents
Divorce Court - "Reasonable" Parenting Time, Defined
Divorce Court - "SMILE" Program Description, Advice
Divorce Court - Analysis of "Best Interests of the Minor Child"
Divorce Court - Legal Divorce Process
Divorce Court - Mediation Overview
Divorce Court - Michigan Compiled Laws (MCL)
Divorce Court - Michigan Compiled Laws (MCL)
Divorce Court - Michigan Court Rules (MCR), pro per advice
Divorce Court - Michigan Friend of the Court Bureau
Divorce Court - Michigan: One Court of Justice
Divorce Court - Parenting Time Make-Up Policy
Divorce Court - Property division precedents
Divorce statistics - Michigan Divorces, Wayne County (MI)
Eavesdropping between Divorced Parents
In Favor of Mediation
One Mediator's Life as a Parent
Title to Property: Words Determine Rights
Why Not Date During Divorce?

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