Divorce after 50 in Michigan
Not necessarily. Michigan judges divide property in the way they think is fair and reasonable, with no rule that it must be split 50/50.
How long it takes
- Living in the state before you file
- 180 days
- Plus 10 days in the county where you file.
- MCL 552.9(1)
- Court filing fee
- Not yet checked
Retirement accounts
In Michigan, vested pensions and retirement savings earned during the marriage are part of the property to be divided, and pensions that are not yet vested can be included too when the judge finds it fair.
MCL 552.18 How a 401(k), IRA or pension is dividedAlimony
Decided on factors
Michigan has no formula for spousal support: the judge decides what is fair after looking at each spouse's ability to pay, their situation and the other circumstances of the case.
MCL 552.23(1)Keep the house, or the 401(k)?
The two are rarely worth the same once selling costs and tax are counted. Put in three figures and see both sides, today and in ten years.
Questions about Michigan
Is Michigan a 50/50 divorce state?
Not necessarily. Michigan judges divide property in the way they think is fair and reasonable, with no rule that it must be split 50/50.
Is Michigan a community property state?
No. Michigan uses equitable distribution. Property acquired during the marriage is divided fairly, which need not mean equally. The court weighs the length of the marriage, each spouse’s earnings and contributions, and their needs after the divorce.
How are retirement accounts divided in a Michigan divorce?
In Michigan, vested pensions and retirement savings earned during the marriage are part of the property to be divided, and pensions that are not yet vested can be included too when the judge finds it fair.
This is a modelled estimate from the figures you entered and the assumptions shown above. It is not legal, tax or financial advice. Divorce law and tax treatment vary by state and by your circumstances; check the result with a lawyer or a divorce financial specialist before acting on it.
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