What Is My Ex-Spouse Entitled to After a Divorce in Michigan?
Divorces in Michigan are rarely a zero-sum game in which one person wins big, and the other party loses. Instead, Michigan courts seek to treat the parties to a divorce fairly and equitably, granting relief that puts them in a similar place exiting the marriage.
As a result, in most circumstances, you will walk away from the marriage with some orders in your favor and others that may not be ideal. Your ex will receive a similar balance of preferred and unwanted outcomes.
What the Court Will Give Your Ex in a Divorce Proceeding
When a divorce is granted, the court will enter various orders affecting your and your ex-spouse’s rights. A court has a great deal of discretion in making these orders.
Indeed, courts are subject only to certain legal principles, such as the fair and equitable division of property and protecting your child’s best interests. Therefore, you can expect that your ex-spouse will receive the following:
An Equitable Portion of the Marital Estate
Having an equitable portion of the marital estate does not mean that your ex will have joint title to the same property as you. Neither does it suggest that you must share the property you accumulated during the marriage.
Instead, the court will place a value on most of the assets you and your ex acquired during the marriage. Once that is accomplished, those assets are split so that each of you has a roughly equal share of marital property.
It is important to remember that your ex will be entitled to keep certain items of property, such as inheritances. These assets are not considered when dividing marital property.
Visitation with Your Child
If you are designated the residential parent, your ex will be entitled to reasonable parenting time with your child. Courts presume that a child needs the involvement of both parents as they grow up.
Therefore, your visitation schedule must allow your ex to develop and nurture a relationship with your child. This includes reasonable opportunities to see the child on holidays, birthdays, and special occasions.
Child custody orders are always subject to what the court determines in your child’s best interests. If the court has reasonable grounds to believe visitation with your ex will hurt or endanger your child, it can restrict or cut it off entirely.
In certain cases, your ex-spouse may be entitled to receive spousal support. Such support is most likely to be awarded if you were the family’s sole breadwinner while your ex supported you at home. Sometimes, spousal support is granted if your ex gave up employment opportunities to advance your career.
Protect Your Rights with Experienced Legal Representation
Just because your ex-spouse is entitled to certain things in a divorce does not mean you do not have rights. Contact Gucciardo Family Law if you are considering filing for divorce to learn what you can expect a court to do with your case.
Even if your divorce proceeding has already started, we can step in and assist you. We will work tirelessly to help ensure you walk away from your divorce with what you are legally entitled to receive. Contact Gucciardo Family Law today.
Too much information?
We focus exclusively on family law matters so we are always available to answer your questions and help.
Leave a Reply