On September 23, 2024, the Michigan Court of Appeals issued its opinion in the case of Qualls vs. Jenkins. In this case, the husband appealed the trial court determination that he was at fault during the course of the marriage when dividing marital property. The most important case that describes how property is divided in[…]
Take two long term marriages with the exact same marital estate. The first marriage is 30 years and the parties lived as husband and wife. The second marriage is 30 years and the parties have not seen each other for 29 years. Obviously it would not be equitable (fair) to treat both of these cases the same. In the first example, a 50/50 division would seem appropriate, but not in the second example.