An Attorney Who Understands Issues In Divorce And Property Division Cases
Last updated on April 16, 2026
Understanding the process of dividing property in divorce and the difference between marital and separate property is important. Often, it takes the attention and skill of an experienced lawyer to effectively represent a client in a divorce case where property division is a big factor.
Attorney Michael A. Robbins is a well-known divorce and family law attorney who has extensive trial experience. His practice is focused entirely in the area of family law and he has been nationally recognized for his work in Michigan. Mr. Robbins has more than 30 years of experience and is proud to say that many of his cases come to him through referrals.
Property Division During A Michigan Divorce
You can take a few different approaches to property division in Michigan divorce. If you agree on how you want to divide assets, property and debts, you can create an agreement. If you cannot reach an agreement, your attorney will need to conduct a comprehensive examination of your assets and debts. Some of the factors that Michigan family court judges will consider include:
- Length of the marriage
- Contributions to the marital estate
- Health and life status of each party
- Necessity/circumstances of each party
- Each party’s earning ability
- Past relations/conduct of each party
- Cause of the divorce
- Needs of the parties and children
- General principles of equity
Mr. Robbins will help explain the difference between marital property and separate property, how a prenuptial agreement could affect the property division process, and how other issues like spousal support affect your divorce case. He handles all issues involved in property division, including:
- Dividing debts incurred during the marriage
- Marital vs. separate property
- Inheritance and property division
- Dividing real estate
The Michigan Approach To Property Division During A Divorce
The process of dividing marital property can take months to complete, even if spouses settle without litigating. The process typically begins with financial discovery, where spouses must inventory their assets and disclose their resources to one another.
Spouses typically complete financial affidavits. In high-asset divorce scenarios, the spouses may need to agree on a specific valuation date. This date determines the macroeconomic details used for asset valuation and can be critical to the fairness of the final terms set.
After reviewing disclosures, spouses may begin negotiations with one another, often through their lawyers. If they can settle their disagreement, they can set their own terms. If they cannot, then the matter may require litigation.
A settlement agreement contains clear details about the allocation of assets and even financial support. Spouses can typically carry out the necessary steps to divide their property. Returning to court to enforce the settlement agreement may be necessary if one spouse refuses to comply.
Recording a new deed for the marital home or submitting a qualified domestic relations order (QDRO) to divide retirement accounts/pensions usually occurs after the last hearing in family court. The timeline for the process depends on the extent of the marital estate and the level of conflict. You could settle within days or wait more than a year to resolve disagreements via litigation.
What Is Equitable Distribution In Michigan?
Understanding the difference between 50/50 versus equitable distribution can be a challenge. Unlike a 50/50 community property split, equitable distribution can lead to an uneven allocation of property. The goal is a fair or just outcome.
If one spouse has health issues, assumes responsibility for children with special needs or otherwise faces a marked financial disadvantage, judges may allocate more marital property to them. Fault rarely plays a role in property division, due to Michigan’s no-fault divorce statutes. Financial misconduct, such as hiding assets, can lead to the courts awarding more property to the other spouse. Dissipation can also impact property division, but often to a lesser degree.
The Difference Between Martial And Separate Property
Most assets and income acquired during marriage are marital property. Retirement savings and pensions are often at least partially marital assets. Separate assets typically include property owned prior to marriage and kept apart, gifts from third parties and inheritances.
Commingling involves sharing ownership of separate property, maintaining it with marital assets or using a spouse’s labor to improve it. Those acts can lead to transmutation, and the courts may then treat previously separate property as marital.
Contact Mr. Robbins’ Michigan Law Firm
Please contact the Law Offices of Michael A. Robbins, PLLC at 248-646-7980 to schedule a consultation to discuss property division, divorce and related issues. From his office in Bloomfield Hills, Mr. Robbins represents clients throughout the state, including the metropolitan Detroit Tri-County areas of Oakland, Wayne and Macomb counties.