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What is a qualified domestic relations order?

If you or your spouse has a pension, 401(k) plan or IRA, you will need to divide them in the event of a divorce. You can agree to divide these as part of your settlement, or a judge can divide them if your divorce goes to trial. In order for the division to be binding on the plans, however, you will need a qualified domestic relations order (QDRO).

Is your spouse hiding assets in your divorce?

Whether you settle or go to trial, a divorce is a legal proceeding. That means that each party has a legal duty to honestly and fully disclose all information material to the case. That includes being honest about your assets and debts. Unfortunately, as many as a third of U.S. adults who have combined assets with a spouse or partner admit they have been dishonest about money.

How a prenuptial agreement factors into divorce

Property division will be a major issue in any divorce, but especially one that involves a significant number of assets -- or assets of tremendous value. Given the importance of this issue during divorce, it is important for newlyweds or people who are considering walking down the aisle with their significant other to think about a prenuptial agreement and what this contract can offer them.

How are the different types of debt handled in property division?

Yours, mine or ours? That is the primary question when it comes to property division in a Michigan divorce. Couples have two options: they can either pay off all their debts before filing for the divorce, or they can have the court decide who will be responsible for which debts. However, regardless of the ruling of the court, lenders will still hold those whose names are signed on the debt contract responsible for payment. It is not always possible to settle all debts, but taking joint debts into a new life may not be desired, and some choose to close joint accounts and open new individual accounts wherever possible.

Some issues might be left unaddressed during property division

When people in Michigan file for divorce, they may not realize that there will be a host of challenging choices and decisions to be made. Adequate preparation before entering into property division negotiations is necessary in pursuing post-divorce financial stability. Without professional guidance, detrimental errors may be made.

The role of the QDRO in property division

Ending a marriage is a complicated process that needs cautious planning and careful consideration of various aspects. Any Michigan resident who is in the throes of a first divorce will likely be unfamiliar with many procedures, and having qualified advisers in his or her corner might be invaluable. One crucial matter that is often neglected in the property division process is learning what a Qualified Domestic Relations Order is all about.

Second divorce? Here's how it will affect your assets.

While many couples who go into a second marriages are often hopeful that this time it will work out, the cold truth is that those who marry a second time are more likely to divorce than they were the first time. While the national average for the first-time divorce is around 40% the average for divorce in second marriages is around 60%. 

Know your property division laws before heading to court

Michigan residents, like others in the nation, often face challenges during divorce proceedings. No two situations are exactly alike. While the challenges that arise may vary, many people share common experiences regarding certain issues, such as child custody, visitation or property division. The latter is a particular concern for those who own businesses or circumstances involving high assets.

When you marital division leads to property division problems

Michigan is not a community property state. Then again, neither are most other states throughout the nation. This means when you divorce your spouse, your marital assets will be divided fairly but not necessarily evenly. This often leads to some very heated property division arguments between spouses.

Do you know the consequences of hiding assets?

Divorce is one situation in Metro Detroit where some spouses hide assets to cheat their partners out of their share of the marital property. Many of them are not aware of how risky this type of behavior is. They may have motivation to hide information about assets and finances because of a sense of entitlement and negative feelings where they want to punish their partners. No matter their reasons for doing so, the temptation to keep more of the marital pot for themselves may be too much for them to ignore. 


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Responding to our clients' needs is our first priority at Eisenberg & Spilman, PLLC. Whether you are considering divorce and have questions about your rights, or you are seeking custody of your child, our Oakland County family law attorneys are here to help you.

We invite you to contact Eisenberg & Spilman, PLLC, at 248-358-8880 to schedule a confidential consultation with one of our attorneys to discuss your divorce or other family law matters. In addition to our regular business hours, evening and weekend appointments are available upon request.

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Eisenberg & Spilman, PLLC
600 South Adams Road Suite 100
Birmingham, MI 48009

Phone: 248-358-8880
Birmingham Family Law Office

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