Quick answer: Michigan is an equitable distribution state, not a community property state. On a divorce the court may restore to either party the whole, or such parts as it shall deem just and reasonable, of the real and personal estate that came to either party by reason of the marriage, or award its value in money (MCL 552.19). If the estate awarded to a party is insufficient for suitable support, it may award a further part of either party’s estate (MCL 552.23), and a party who contributed to the acquisition, improvement or accumulation of property owned by the spouse can be awarded all or a portion of it as equitable under all the circumstances (MCL 552.401). There is no fixed percentage and the statutes do not list factors.
What the Michigan statutes say
- MCL 552.19. Restoring the estate that came to either party by reason of the marriage, in whole or in the parts the court deems just and reasonable, or paying its value in money.
- MCL 552.23. A further part of the real and personal estate of either party, in gross or otherwise, when the estate awarded is insufficient for suitable support and maintenance.
- MCL 552.401. Awarding a party part of property owned by the spouse when the party contributed to its acquisition, improvement or accumulation; the decree then has the force of a quitclaim deed or bill of sale.
How the calculator works
You enter the property and debts each spouse holds and the property that did not come by reason of the marriage. The calculator adds up the estate, starts at an equal share and shows the payment between the spouses; you can move the slider to test a different division. The reasoning is in how Michigan divides property, separate property and contributions and how the estate is awarded.
Property and spousal support
Spousal support depends on whether the estate awarded is sufficient. See the Michigan alimony calculator.
Property division across Michigan
The statutes apply in every Michigan circuit court, from Detroit, Grand Rapids, Warren, Sterling Heights, Ann Arbor or Lansing. The IRS lists nine community property states, and Michigan is not among them.
Frequently asked questions
Is Michigan a community property state?
No. Michigan divides property under MCL 552.19, 552.23 and 552.401 in a just and reasonable way. The IRS lists nine community property states, and Michigan is not among them.
Does Michigan split property 50/50 in a divorce?
Not by rule. The statutes say the court restores the whole or the parts it deems just and reasonable.
Can a Michigan court award a spouse’s separate property?
A party who contributed to the acquisition, improvement or accumulation of the spouse's property can be awarded part of it as equitable under the circumstances (MCL 552.401).
What does by reason of the marriage mean in Michigan?
MCL 552.19 refers to the real and personal estate that came to either party by reason of the marriage, which the court can restore in whole or in part.
Can a Michigan decree transfer title?
A decree under MCL 552.401 has the force of a quitclaim deed for real estate and a bill of sale for personal property.