Michigan Marital Settlement Agreement
A Michigan marital settlement agreement lets divorcing spouses divide their marital property and debts, set spousal support, and address custody and child support, then have those terms incorporated into the judgment of divorce. Attorney review available.
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Introduction
Michigan lets a divorce court award one spouse part of the other spouse's separate property when that spouse helped acquire, improve, or accumulate it (Mich. Comp. Laws 552.401), so a marital settlement agreement, the written contract divorcing spouses use to settle their property, debts, spousal support, and (by reference) custody and child support, is how you keep that division in your own hands and get the terms incorporated into the judgment that ends the marriage. Michigan is an equitable distribution state, not a community property state: on divorce the court divides the marital estate as it deems just and reasonable, which is meant to be fair but is not an automatic 50/50 split (Mich. Comp. Laws 552.19). A court may even award one spouse part of the other spouse's separate property where that spouse contributed to its acquisition, improvement, or accumulation (Mich. Comp. Laws 552.401). A Michigan marital settlement agreement lets you decide the division yourselves and present it to the court, rather than leaving it to the court's discretion. Michigan has no statewide formula for spousal support; the court weighs the ability of either party to pay and the character and situation of the parties and all the other circumstances of the case (Mich. Comp. Laws 552.23), along with factors developed in Michigan case law. Custody and child support follow the Michigan Child Support Formula (Mich. Comp. Laws 552.605), stay subject to court approval, and remain modifiable, so an agreement cannot bargain them away. Once approved, the agreement is incorporated into the judgment of divorce, and no judgment can be entered until the waiting period has passed: 60 days, or 6 months where there are dependent minor children (Mich. Comp. Laws 552.9f). DocDraft builds your Michigan marital settlement agreement from your facts, with attorney review available before you sign.
Key Things to Know
- 1
Michigan cannot enter a judgment of divorce until a statutory waiting period passes, 60 days or 6 months where there are dependent minor children (Mich. Comp. Laws 552.9f), and a marital settlement agreement is the written contract divorcing spouses use to settle property and debt division, spousal support, and by reference custody and child support, so those terms can be incorporated into the judgment that ends the marriage.
- 2
Michigan is an equitable distribution state, not a community property state. On divorce the court divides the marital estate as it deems just and reasonable (Mich. Comp. Laws 552.19), which is meant to be fair but is not an automatic 50/50 split.
- 3
A Michigan marital settlement agreement lets the spouses set the property division themselves and present it to the court, instead of leaving the division to the court's discretion. A court may also award part of one spouse's separate property to the other where that spouse contributed to its acquisition, improvement, or accumulation (Mich. Comp. Laws 552.401).
- 4
Michigan has no statewide formula for spousal support. The court weighs the ability of either party to pay and the character and situation of the parties and all the other circumstances of the case (Mich. Comp. Laws 552.23), together with factors developed in Michigan case law such as the length of the marriage, needs, and earning ability.
- 5
Child support follows the Michigan Child Support Formula developed by the state friend of the court bureau (Mich. Comp. Laws 552.605, 552.519). Parents may agree on terms, but custody and child support stay subject to court approval and remain modifiable and cannot be bargained away.
- 6
Once the court approves it, the marital settlement agreement is incorporated into the judgment of divorce, and the parties are ordered to comply with its terms. The court must still review and approve the judgment before it is entered.
- 7
No judgment of divorce can be entered until the statutory waiting period has passed: 60 days from filing the complaint, or 6 months where there are dependent minor children under 18 (Mich. Comp. Laws 552.9f). The agreement must be in writing and signed by both spouses.
Key decisions before you file
Before you file a Marital Settlement Agreement in Michigan, a few decisions shape the document: which option to choose and what each one means. The Marital Settlement Agreement guide walks through them.
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Michigan Requirements for Marital Settlement Agreement
Equitable Distribution, Not Automatic 50/50
Michigan is an equitable distribution state, not a community property state. On divorce the court divides the marital estate as it deems just and reasonable (Mich. Comp. Laws 552.19), which is meant to be fair but is not an automatic 50/50 split.
Separate Property May Be Reached
A Michigan court may award one spouse part of the other spouses separate property where that spouse contributed to its acquisition, improvement, or accumulation (Mich. Comp. Laws 552.401). A marital settlement agreement lets the parties set the division themselves and present it to the court.
No Statewide Spousal Support Formula
Michigan has no statewide formula for spousal support. The court weighs the ability of either party to pay and the character and situation of the parties and all the other circumstances of the case (Mich. Comp. Laws 552.23), together with factors developed in Michigan case law.
Child Support Follows the Formula
Child support follows the Michigan Child Support Formula developed by the state friend of the court bureau (Mich. Comp. Laws 552.605, 552.519). A court can deviate only when it finds the formula amount unjust or inappropriate and states its reasons on the record.
Custody and Child Support Stay Modifiable
Custody and child support terms in a Michigan marital settlement agreement remain subject to court approval and can be modified later in the best interests of the children. These terms cannot be bargained away the way a property division can be.
In Writing and Signed
A Michigan marital settlement agreement must be in writing and signed by both spouses so it can be presented to the court and incorporated into the judgment of divorce. No statute was located requiring notarization for an appearing spouse, but signing before a notary can help prove the signatures are genuine.
Waiting Period Before the Judgment
No judgment of divorce can be entered until the statutory waiting period has passed: 60 days from filing the complaint, or 6 months where there are dependent minor children under 18 (Mich. Comp. Laws 552.9f). A court may shorten the 6-month period but not below 60 days.
Incorporation Into the Judgment
Once the court approves it, the marital settlement agreement is incorporated into the judgment of divorce, and the parties are ordered to comply with its terms. The court must still review and approve the judgment before it is entered; approval is never guaranteed.