Grand Rapids Property Division Attorney
Last updated on January 21, 2026
Divorce property division is the part of the divorce process where couples, alongside their attorneys, determine what separate and marital property. Once they determine what the marital property is, they must decide how to divide it between the two of them. Under Michigan’s equitable distribution laws, marital property is divided according to what the court deems to be fair and equitable.
Mike Toburen of Toburen Law PLC understands these distribution laws. He works with clients so that both parties receive fair treatment. A fair outcome depends on factors like the length of the marriage and each person’s contribution to the estate. A judge’s decision often depends on specific factors like the age and health of the parties, their earning abilities and any past misconduct that may have affected the marital estate.
What “fair and equitable” looks like for each couple can differ. Let Michigan family law lawyer Mike Toburen help you sort out the finer details of your divorce case. Schedule an initial consultation with him today to learn more.
What Is The Difference Between Separate And Marital Property?
Separate property is any property that either spouse purchased, accumulated or inherited before the marriage. Marital property can include any property purchased during the marriage or any asset that accumulates significant value during the marriage. In Michigan, separate property can sometimes “crossover” into the marital estate if the nonowning spouse significantly assisted in the acquisition or growth of that asset.
Collaborative Divorce Solutions For Property Division
Property division does not have to be a courtroom battle. Many couples in West Michigan find that collaborative divorce and mediation offer a private and efficient alternative. Traditional litigation makes every motion and hearing public. The collaborative process allows you to discuss financial details in a confidential setting. The final Judgment of Divorce is a public record. However, the collaborative approach keeps early discovery and sensitive talks out of the courtroom. This is a common choice for business owners and individuals with high net worth who wish to keep their internal financial operations and business valuations private from competitors or the general public.
A nonadversarial path allows for creative solutions. A judge might not have the flexibility to grant these options. In cases with complex business interests or investment portfolios, mediation helps parties structure buyouts. This can offset assets to keep the long-term value of your holdings. Mike Toburen represents clients in these negotiations. He helps you reach agreements that focus on financial stability without the drain of a trial.
Addressing Complex Assets: Retirement, Investments And Debts
Many people fear losing a lifetime of savings during a divorce. Michigan requires a careful review of complex assets. This helps protect your long-term finances.
How Are Debts Divided During Divorce in Michigan?
Debt is also subject to equitable division if it started during the marriage. This includes credit card balances, mortgages and personal loans. However, that can also depend on whether spouses have a prenuptial agreement and whether or not they decide to keep debts separate as part of that prenuptial or postnuptial agreement. Courts may hold only the accountable spouse liable for substantial debts accumulated secretly and used for nonhousehold purposes like gambling, rather than dividing such obligations between both parties.
What happens to property in a divorce case?
Typically, any property you accumulate during your marriage can be subject to division during divorce. However, that’s not always the case if you have a prenuptial agreement with your spouse. In a prenup, you can typically specify certain assets you don’t want subject to division if you divorce. However, if you did not have a prenuptial or postnuptial agreement with your spouse, your marital property will likely be subject to division under Michigan’s equitable distribution laws.
A few examples of marital property include:
- The family home
- Shared vehicles
- Furniture
- Artwork
- Investment accounts
- Bank accounts
- Retirement accounts
When dividing these complex assets, you want an advocate to promote your interests and help you pursue your goals. Attorney Mike Toburen can do that for you.
Dividing Retirement Accounts in Divorce: What to Expect
Retirement assets can be one of the more complicated ones to divide in a Michigan divorce. You will most likely need a qualified domestic relations order (QDRO). A QDRO is a legal document used to help navigate the complex investment and tax implications of dividing retirement accounts as 401(k)s. This order instructs the plan administrator on how to pay the nonemployee spouse their awarded share, often allowing for a tax-deferred transfer of funds.
Are Inheritances Protected From Divorce?
There can be some exceptions to Michigan’s marital property laws – inheritance money can be one of them. For example, any inheritance you receive, even if you receive it during your marriage, typically isn’t considered marital property and is thus not subject to division during a divorce. However, if inheritance funds are “commingled” (mixed) with marital bank accounts or used to pay for shared assets like the family home, they may lose their separate status and become part of the marital estate.
Consult A Trusted Grand Rapids Property Division Lawyer
Michigan’s distribution laws are complex. You need an advocate who understands the local courts in Grand Rapids, Kent County and Ottawa County. Mike Toburen uses a collaborative philosophy and years of experience to help you reach a sustainable property settlement. Your retirement, business and home are important. Contact 616-818-1842 or fill out this contact page to talk about your property division case.