When divorce is in the cards, one of the first matters that can come to mind is how your assets may be divided. If you have no children to determine the custody of or to work out support payments for, then the division of your property is likely to be the most significant matter that you and your spouse need to settle.
You may be able to come to an easy agreement on this, but things do not always work out as simply as planned. If the two of you cannot reach a decision between you, the matter will need to be settled by the court. In Michigan, the process of equitable distribution is used, meaning that the amount of community property each spouse receives is determined by factors such as their perceived contribution to that property.
However, as this article on divorce settlements mentions, if you have separate property that becomes mixed in with shared property, it can be considered to be commingled. This means that it is likely to be counted as community property during the determination of how your assets are to be divided. Commingling can occur, for example, if you put money that was originally separate property into a shared bank account. Similarly, if you use it in conjunction with shared funds to purchase something, that purchase is likely to be treated as community property.
If you are planning a divorce or even if the process is already underway, you might benefit from the advice of an attorney. He or she can oversee the legal process and may be able to assist you if any disputes should arise. With this guidance, you can pursue a fair and favorable divorce settlement, allowing you to move on and enjoy a new chapter of your life.