All men have heard horror stories about having to sacrifice on the altar of divorce fully half of the assets they’ve so painstakingly earned over the course of their lives.

Silly cliches about boats sawed in half are tossed around, but the truth is no joking matter: division of marital property can result in a 50/50 split of the assets divided by the court. The important questions involve what constitutes marital property, and how the court determines what’s fair.

Why Do Wives Get Half in a Divorce?

First of all, not all property owned by a husband or wife at the time of a divorce is “marital property”. Marital property is a legal term that inclues those things that came to the husband or wife as a result of the marriage, or that were earned during the marriage.

Separate property, that which was held by either party before the marriage, can usually be kept outside the divorce proceedings.

So how does the court divide the marital estate? It is not according to a mathematical formula, nor is it a certain standard such as numerical equality. It is, instead, what the court determines to be “fair and equitable”, and this means exactly what it sounds like: property division that is a just and reasonable deal considering all the circumstances.

Though Michigan is a no-fault divorce state, meaning the court doesn’t consider who caused the failure of the marriage in granting its dissolution, the court does consider fault in determining the division of property.

This means, for example, if the wife is largely found to be at fault for the breakdown of the marital relationship, the court will weigh this in determining what is fair to the husband in dividing property.

These are just some of the factors at play when the belongings of a divorcing couple are placed on the table for division. Many other things are considered, including financial need, the length of the marriage, and the age of the partners.

To be sure that a husband understands all of the issues and how they affect his rights, it is essential that he is represented by experienced legal counsel.

Community Property

Community property is a legal framework followed by some states where all assets acquired during marriage are considered jointly owned by both spouses. In these states, assets are typically divided equally upon divorce, regardless of which spouse earned the income or whose name is on the title.

This means that in a community property state, the wife is generally entitled to half of the marital assets, reflecting the principle that marriage is a partnership where both parties contribute to the accumulation of wealth, whether through income, homemaking, or other means.

Separate Property

Separate property refers to assets owned by one spouse before marriage, or acquired by gift or inheritance during the marriage, which are usually excluded from division in divorce proceedings. However, the distinction between marital and separate property can sometimes be complex, especially when separate property has been commingled with marital assets.

Courts will carefully examine the circumstances to determine the proper classification, which can significantly affect the outcome of the property division.

Get Equitable Distribution with the Help of A Property Division Lawyer

Equitable distribution is the method used by many states to divide marital property during a divorce. Unlike community property states, which generally mandate a 50/50 split of assets acquired during the marriage, equitable distribution focuses on dividing property in a manner that is fair and just, but not necessarily equal. This approach takes into account a variety of factors to determine how assets should be allocated between spouses.

A property division lawyer plays a crucial role in navigating the complexities of equitable distribution. They help ensure that all marital assets and debts are properly identified, valued, and classified. This includes not only tangible assets like the family home, vehicles, and bank accounts but also intangible assets such as retirement accounts, investments, and business interests.

The lawyer also advocates for a fair distribution by considering factors such as each spouse’s economic circumstances, contributions to the marriage (both financial and non-financial), the length of the marriage, and the needs of any children involved. For example, the court may take into account if one spouse was the primary caregiver or if one spouse sacrificed career advancement to support the family.

Moreover, a skilled property division lawyer can advise on the potential tax consequences of dividing certain assets and help negotiate spousal support payments or alimony that may be appropriate based on the division of property. They can also assist in drafting or reviewing prenuptial or postnuptial agreements that could affect asset division.

Navigating the divorce process can be emotionally and financially challenging, but with the help of an experienced lawyer, spouses can work toward a fair distribution of property that reflects their unique situation and protects their interests.