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Caring and Professional Family Law Services

Kalamazoo Property Division Lawyers

Western Michigan Marital Asset Attorney

In Michigan, a court will approach the division of marital assets in an equitable manner. While equitable can mean an even split, a court might determine that an unequal division is fair given the facts and incomes involved in the divorce.

At the law firm of Peter A. D' Angelo, PLC, we handle issues such as marital property division and alimony for men and women in Portage, Kalamazoo, Battle Creek and other communities throughout Western Michigan. Our lawyers offer a free initial consultation to discuss your case.

What Is Marital Property?

Assets and debt accumulated during your marriage can be considered marital property, regardless whose name the property is titled in. Examples of marital property include:

  • Real estate such as the marital home
  • Smaller pieces of property accumulated during the marriage such as cars, boats and electronics
  • Retirement assets such as pension plans, IRA accounts and 401(k) accounts
  • Debts such as credit card bills and loans

Assets accumulated before your marriage, as well as gifts or inheritances received during your marriage, can be considered to be separate property owned and awarded to one spouse. Unfortunately, if you commingle separate and marital assets, property that was once separate can become marital. Also, a court may invalid or award separate property to another spouse in a divorce action based on certain circumstances. If you have significant separate property, you should consider drafting a prenuptial or postnuptial agreement to protect your assets.

Pension and Retirement Plan Property Division

Retirement assets such as pension plans, 401(k) accounts and IRAs may have both separate and marital property components. The portion earned prior to your marriage can be considered separate property. The portion earned after your marriage can be considered marital property to be divided equitably. A special court document known as a qualified domestic relations order (QDRO) is used to divide retirement benefits.

Free Property Division Consultation

Call 269-488-0089 or send us an e-mail to schedule a free initial consultation with our Kalamazoo property division attorneys. Evening and weekend appointments are available.

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