Divorce is rarely straightforward, and dividing marital property can add another layer of complexity. Michigan follows equitable distribution, meaning a fair split rather than a strict 50/50 division. Interestingly, age can influence how the property gets divided.
Focus shifts with age
Age can play a role in property division during a divorce in terms of:
- Length of marriage and age: If married young and for a long time, you will likely have more assets to split. Age might not be a big factor for younger couples with shorter marriages.
- Future earnings: If there is a big age difference, the court might consider how much each spouse can likely earn in the future. A younger spouse might have more time to build their finances, while an older spouse nearing retirement might have limited options.
- Contributions to the marriage: This includes money earned and things done around the house (cooking, childcare). Regardless of age, a spouse who stayed home to raise kids might get a larger share to compensate for not working outside the home.
- Health and needs: If one spouse has health problems that might impact their ability to work or need future care, the court might award them more of the marital estate to ensure they have enough money.
There are more legal points to consider. If you have a prenup (an agreement made before marriage), it can override Michigan’s fair division laws and how it will consider age. When splitting the portion of a retirement account that grew during the marriage, the judge might also consider your age and how close you are to retirement when dividing these assets.
Getting legal help is essential
Divorce involves both emotions and legal matters. Consult a qualified family law attorney if you are considering divorce in Michigan. They can advise you on how your specific situation, including your age and spouse’s, might affect property division.
