Finding Solutions, Fighting Battles
Complex Divorce
A complex divorce can make property division a central battleground. But you don’t have to fight alone. Contact an Oakland County complex divorce lawyer at Richards Family Law today to understand your rights and plan your next move.
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Oakland County Complex Divorce
Michigan courts divide marital property through equitable distribution, so your property isn’t automatically split 50/50. In MI, divorce outcomes depend on the judge’s discretion, even with negotiation and mediation. They’re also dependent on how assets are categorized and valued in the state.
The complexity of some Oakland County divorces stems from disagreements over how to value, divide, or locate marital assets. Each asset requires valuation and documentation, which is why working with an Oakland County complex divorce lawyer is essential to building an accurate account of your marital estate.
Marital vs. Separate Property in Michigan
Courts in Oakland County only divide marital property, not separate property. Spouses need to understand the difference.
Separate property includes inheritances and premarital assets, which typically stay with the original owner. However, that’s not always guaranteed. Under MCL 552.401, Oakland County courts can divide separate property if the other spouse contributed to it or helped improve it.
Commingling is also a factor. Mixing separate property with marital property can convert that separate property to marital property that courts can distribute equitably. And titles don’t have as much control as many spouses assume.
Marital property includes assets and debts acquired by spouses during the marriage, regardless of whose name shows up on the title or deed. Therefore, family homes and businesses are often the most disputed assets in complex divorces.
Business Valuation in Complex Divorce
If you started your company during the marriage, Michigan courts generally presume the company is marital property. But a business owned before the marriage can involve more complex distribution. Michigan differentiates active appreciation from passive appreciation, so it measures business growth based on spousal support.
Business valuation in complex divorces can also require a forensic accountant. These experts evaluate the company’s position, methodologies, earnings, and industry to determine its full value. In some cases, property division involving a family business is handled through buyouts and offsets against other assets.
Retirement and Double-Dipping
Don’t let your spouse double dip in the divorce. That happens when the same pension is divided as marital property and then counted as income for support. It can also mean a spouse ends up paying twice for the same expense. Discuss your case with Richards Family Law to protect what’s yours.
Even if a retirement account is in one spouse’s name, Michigan law treats contributions made during the marriage as marital property, so courts divide only the marital portion in a divorce. For a pension, shares are typically divided by a coverture fraction. Contact an Oakland County complex divorce lawyer to learn more.
Spousal Support
Spousal support is not automatic and is typically handled separately from property division in complex divorce cases. Courts consider the length of the marriage, each spouse’s age, health, earning ability, and standard of living during the marriage. In high-asset divorce cases, however, spousal support and property division are often intermingled.
For example, being awarded property can reduce spousal support, while being awarded limited marital assets can justify a larger spousal support order. Our firm structures property division and spousal support as a long-term strategy, rather than a decision made in isolation.
Locating Hidden Assets in a Contested Divorce
Locating hidden and undervalued assets in a contested divorce is important because it informs every other financial decision made in court. Some business owners and high earners conceal property value, defer income, overstate debts, or route money through different entities to avoid discovery. Your Oakland County complex divorce lawyer can help uncover these hidden assets for a fair valuation.
Experienced lawyers utilize discovery to expose hidden assets through subpoenas and document demands. In these cases, forensic accountants can trace funds and flag spending that outpaces reported income. And since Michigan penalizes property concealment, courts can award hidden assets to the other spouse.
Oakland County Lawyers for Complex Divorce
Complex divorces are won and lost based on property valuation, financial details, and legal preparation. Courts don’t consider feelings or fairness; they focus on equitable property division based on the facts. Our Oakland County complex divorce lawyers identify and value assets to apply the correct statutes and protect a client’s long-term well-being.
Richards Family Law practices family law exclusively, delivering individualized legal representation to clients in Oakland County and the surrounding communities.
We coordinate expert analysis and structure property or support while aggressively advocating for your rights.
Schedule a Consultation Now
Trust us to prioritize a personalized strategy over a one-size-fits-all solution. Reach out today to discuss your case. Book a confidential consultation now.
