Property division and divorce in Michigan – Michigan Divorce Attorney – Articles and Videos
How to divide retirement accounts in a Michigan divorce: When property is divided in a divorce, lawyers and judges typically focus on property acquired during the course of the marriage. Retirement accounts are considered property and come in all shapes and sizes. So what are the major types of retirement plans and how do we[…]
Divorce in Michigan – Avoiding a 10% early retirement penalty: In almost every divorce case, at least one party is a beneficiary of a retirement account and in many instances, a retirement account is a marital asset that can be divided without a 10% early withdrawal penalty. In simple terms, if a portion of a[…]
Michigan Divorce and Innocent Spouse Relief: Imagine you discover before, during or shortly after your divorce that you have a large outstanding tax liability. You may have known nothing about it. Unfortunately, the IRS will likely hold you equally responsible for all tax due even if the income or improper deduction was the fault of[…]
Michigan Divorce Education Series – Property division Divorce in Michigan – Property Division: This video Webinar is a comprehensive explanation of Michigan law and strategy covering property division. Key learnings and strategies are discussed. I am hopeful you find it both empowering and educational. A summary of the topics covered is provided below. (run time[…]
Understanding Michigan divorce law: When people worry, it is nice when others provide comfort. At Findling Law we provide legal advice through education. It is our hope that these blogs, are brochures, forums and accessability will bring comfort to the person you may be worried about. We have created a series of webinars addressing common[…]
Changing pension or life insurance beneficiaries after divorce. A lesson to lawyers – The Judgment of Divorce may not be enough! In almost every Judgment of Divorce, the parties either award or waive an interest in the former spouses’ pension plan(s) or life insurance plan(s). However, if the benefit is governed by ERISA, a waiver[…]
Commingling assets and divorce in Michigan: When dividing property in a divorce, a primary consideration is whether the property is ‘marital’ or ‘separate’. As a general rule, property acquired by reason of the marriage or “during the course of the marriage” is marital and is likely subject to division in the event of divorce. Conversely,[…]
Prenup and divorce in Michigan: NEWS FLASH: “A year after the couple announced their split, Ashton Kutcher and Demi Moore’s divorce case is moving into the Los Angeles court system.” Ok, so maybe your net worth isn’t in excess of $290 million and the age gap between you and your spouse is not very large.[…]
Dividing pension benefits and divorce in Michigan: A defined benefit plan is a pension where a retiree is entitled to collect a defined amount of money every month and is subject to division in a divorce. It is quite common for a spouse to be entitled to 50% of the benefit earned during the marriage.[…]
Fault matters and Divorce in Michigan: On June 26, 2012, in Gill vs. Gill, Jr., docket no. 301839, the Michigan Court of Appeals upheld an award of approximately 75% of the marital estate to our client. The trial court found the husband significantly at fault for the marital dissolution. Daniel Findling argued at trial that[…]
The engagement ring and Michigan divorce: Some etiquette books say if a marriage has lasted less than a year, then an engagement ring should be returned. However, under Michigan law, as long as the parties go through with the wedding, the ring is a gift and need not be returned in the event of[…]
Taxes and Innocent Spouse Relief: We are fascinated with the failures and problems of celebrities and every year, the IRS chases people who evade or underpay federal income tax, and actors and popular figures in the media make the news. The facts are tax problems are not only common among celebrities. What if your spouse[…]
Changing pension or life insurance beneficiaries after divorce. A Judgment of Divorce may not be enough! In almost every Judgment of Divorce, the parties either award or waive an interest in the former spouses’ pension plan(s) or life insurance plan(s). However, if the benefit is governed by ERISA, a waiver in a Judgment of Divorce[…]
Married for 72 days? Keep the ring! Etiquette books may say if a marriage has lasted less than a year, then an engagement ring should be returned. Michigan law, is not politically correct on this issue. If the Kim Kardashian divorce was filed in Michigan, she would get to keep the ring. Under Michigan law,[…]
The Michigan Court of Appeals has recently changed the rules regarding commingling of assets. Lawyers must advise their clients accordingly and clients should seek competent legal advice before commingling assets with his/her spouse. When dividing property in a divorce, a primary consideration is whether the property is ‘marital’ or ‘separate’. Generally, property acquired during the[…]