Birmingham Property Division Lawyer 

Birmingham Property Division Lawyer

Property division is such a major concern for divorcing couples. It’s great that you are researching and educating yourself. The Law Office of Robbins & Licavoli is a team of Birmingham property division lawyers. We have put together some helpful property division information for you to make the process less stressful.

Not Every Divorce Lawyer Specializes in Property Division

Just because divorce is a focus for an attorney doesn’t mean every divorce lawyer has property division experience. Some divorce lawyers focus on domestic violence cases, while others focus on child-related matters in divorce. This is something to be aware of when you are interviewing divorce lawyers.

Should You Hire a Property Division Attorney?

To get started, here are a few things to ponder before you decide whether you should hire a Birmingham, Michigan, property division lawyer:

• Will one person’s name need to be removed from the deed to your house? Your car? Your business? How are you planning to handle that?
• Did either you or your spouse acquire property while you were separated but still legally married?
• Have you calculated the “coverture fraction” for any retirement accounts? In a coverture fraction, the top digit is the number of years the spouse worked at the job during the marriage. The bottom digit is the total number of years employed at that job. In order to divide a retirement account in which one spouse is under retirement age, a “qualified domestic relation order” (QDRO) needs to be created.
• Have you reached out to your accountant to see how the asset division may impact your tax burden? 
• Did either you or your spouse receive an inheritance or court settlement award during the marriage? 
• Will you need to sell any assets in order to divide the equity? 

Also, remember that your debts must also be split, not just your marital assets. If you find this list to be intimidating, reaching out to a property division attorney could be the solution.  

Other Financial Considerations in Divorce

A property division lawyer will also assist with other financial considerations during the divorce process, like alimony (“spousal maintenance”). A property division lawyer can guide you through the process, but here are some factors the court considers in awarding spousal maintenance: 

• Your standard of living during the marriage
• Age 
• Physical and mental health 
• Employment history 
• How long you were married
• Level of education/training 

Michigan is Not a Community Property State

A community property state divides the assets obtained by the couple during the marriage as close to 50/50 as possible. Michigan is not a community property state. This means that the court will try to determine a “fair” (rather than “equitable”) division of marital assets. Essentially, the same factors listed above for alimony are also weighed in dividing the marital assets.

Reach Out To a Birmingham Property Division Lawyer Today

Get professional help with your property division. Please read over our testimonials to see if we seem like a good fit for you. Contact the Law Office of Robbins & Licavoli on our contact form today to book your property division consultation.