Will I Get to Keep The Stuff I Really Want After The Divorce?

a close up picture of a box filled with photos, postcards and mementos.
A box of precious photos and mementos can mean a lot to one person and nothing to another… until it’s time to fight over things in the divorce!

Having just discussed the issue of who gets the house when you get divorced, we remembered that for many of our readers, the issue of the house is only one of many things that they have to divide up. There are all sorts of other things – ranging from credit card debt to cars to Aunt Stella’s fine china – that all has to be figured out. So the question is: what do you get to keep, and do you get the stuff you really want?

Exactly what ‘stuff’ do you want?

If you want something that was yours before you got married, then you should have an easier time getting to keep it when you and your spouse part ways. (Although without a prenup there’s no guarantee of that!) Same goes for your spouse. However, if the thing you really want is something you and your spouse bought together, or worse – your spouse is vindictive and knows you really want it, then you may have a fight on your hands! (This is where a good attorney is invaluable!)

Does Michigan law say you get to keep certain things in the divorce?

In Michigan, the law requires that a division of marital property during a divorce be fair or equitable. What does that mean? Well, for starters, it doesn’t guarantee that you’ll get what you want, or that you’ll get specific things. It just means that when the assets and the debts get divided up, it has to be fair. In other words, one person doesn’t get stuck with all the debt unless it can be proven that they accumulated all that debt, and only they benefited from spending that money. Same goes for the assets – one person doesn’t get to keep all the “nice” stuff while the other goes without, unless they owned all that “nice” stuff before the wedding, and the prenup you both agreed to spells this out.

If you and your spouse can work together, your chances are better!

Quite a few divorcing couples are able to decide on their own how they want to divide up their marital property, without help from an attorney. This is usually the best case scenario – it’s quicker, easier, and costs everyone less in the long run. However, for those who can’t reach a fair agreement on their own, divorce attorneys will provide advice, mediation and assistance in negotiating a settlement. And on those rare occasions when even help from an attorney can’t help you move past your rancour, a judge will step in and make decisions on your behalf. (This isn’t ideal because you end up having less control in what you get!)

You’re both likely to be happiest when you’re being reasonable.

Although divorce isn’t usually a “fun” time for anyone involved, couples who are able to put aside their animosity and work together through the process tend to find that they’re happier in the long run that those who turn every part of the process into an all-out war. However, sometimes, no matter how reasonable you’re trying to be, if your spouse won’t work with you through the process, then you may need the help of an aggressive divorce attorney to make sure that your rights are protected.

Get help from a mid-Michigan attorney with a great reputation

Here at The Kronzek Firm our skilled and experienced family law attorneys have helped countless people over the years with every part of their divorces. We understand how emotionally charged and exhausting a divorce process can be, and we know what needs to happen to ensure that your future is properly prepared for. Call 866 766 5245 today and get the best legal representation available in mid-Michigan. We’re available 24/7, including nights and weekends, to help.