Legal Help With Asset Division In Divorce

Last updated on May 19, 2025

Division of marital property and debt has been the focus of many noteworthy court cases. A knowledgeable family law attorney must stay up to date on precedent-setting cases as well as knowing relevant statutes inside-out to be prepared to represent clients well.

Creditors will pursue the person whose name is on the loan. Brown Borkowski & Morrow works to ensure the protection of your credit even after the Judgment is entered by providing for creative enforcement remedies in the Judgment.

One of the first steps that a family law attorney will take when beginning the process of divorce for a client is to evaluate any existing prenuptial or postnuptial agreements. Is the agreement valid? Is there any indication that the agreement was signed under pressure or duress?

A second step to take in the area of property division is to determine which assets are included in the marital estate. Spouses may have kept some property owned before the marriage, such as inheritances or business revenue, as separate property — or they may have commingled assets to the point that what was once nonmarital property has become community property that must be accounted for in the division of marital property.

Separate Property Versus Marital Property

Generally, what you owned before the marriage is considered separate property unless you commingled it with marital assets. Separate property may be awarded if the other spouse contributed to it or if the invasion of separate assets is necessary for the support of the other party. Gifts that each spouse received during the marriage, including inheritances, may be considered separate property if they were not commingled or otherwise shared. Your attorney will help you analyze the marital estate to determine the best course of action.

How Do Family Law Courts Determine Equitable Distribution Of Assets?

Family law courts consider a number of factors when deciding how to divide property in a divorce including the length of the marriage, age and health of the parties, and the ability of each spouse to support himself or herself after the breakup. In the case of business property or parties with extensive assets, valuations can be complicated. Financial experts may need to be hired to provide credible information on the value of the assets. Tax attorneys, CPAs and economists may come into the property division picture.

Debts should be accounted for in a property settlement agreement; however, creditors have the right to go after either spouse even after the divorce decree is issued. Holding an ex-spouse accountable will then become a matter of enforcement of the divorce judgment.

Division Of Retirement Accounts In Divorce

Pensions, IRAs, 401(k)s and other retirement vehicles are divisible upon divorce. The division of these assets, however, requires execution of very specific documents called Qualified Domestic Relations Orders (QDROs). These documents must be specially drafted to ensure accurate division and distribution of these assets, as well as acceptance (also known as qualification) by the Plan Administrator. If these documents are not drafted correctly, the consequences can be significant and may affect your own retirement plans. Brown Borkowski & Morrow works closely with an expert to ensure that these documents are properly drafted and entered.

Is property divided 50/50?

Property is divided equitably, but equitably may not necessarily be 50/50. It is important to have a lawyer with experience handling the division of marital assets to ensure you get the best possible outcome.

Is all marital property subject to division?

All marital property is divisible in divorce. All property acquired during a marriage is subject to division absent a valid premarital agreement. A party may have separate property, however, that is not subject to division. This may include acquired prior to marriage (and not co-mingled with marital property), or property that is inherited by or gifted to a spouse during the marriage. It is important to discuss these issues with your lawyer.

Brown Borkowski & Morrow Is Here To Help With Property Division

Since 1972, Brown Borkowski & Morrow has been providing practical, workable legal solutions to residents of Michigan in a variety of legal practice areas. Our family law attorneys are knowledgeable, experienced and insightful. We are here to help you achieve your goal of equitable distribution of assets, including retirement benefits requiring QDROs (qualified domestic relations orders). Contact us to schedule a free initial consultation with a Detroit-area divorce lawyer at. 888-757-1681 or send us an email.