Law Offices of Jeanne M. FrazeeLaw Offices of Jeanne M. Frazee2026-05-26T16:53:32Zhttps://www.jfrazeelaw.com/feed/atom/WordPress/wp-content/uploads/sites/1104356/2019/03/cropped-JF_site_icon-32x32.jpgOn Behalf of Law Offices of Jeanne M. Frazee<![CDATA[A co-parent’s guide to post-divorce shared custody]]>https://www.jfrazeelaw.com/?p=503932026-05-16T20:19:02Z2026-05-21T20:17:27ZCustody decisions prioritize the children's best interests
Parents in Michigan can reach a custody arrangement through direct negotiations or mediation with one another. Parents who pursue uncontested custody orders establish their own terms that the courts simply review and approve.
If parents do not agree on how to divide parenting time or other important custody terms, then they must litigate in court. During custody litigation, a judge focuses on the best interests of the children. Unless there is evidence affirming that the children may be at risk if left in the care of one parent due to addiction, abuse or other serious issues, shared parenting time and legal authority are standard.
The exact division of parental rights and responsibilities depends on family circumstances and a judge’s perception of the situation.
The responsibilities of parents who share custody
Parents who share custody have an obligation to uphold the terms outlined in a custody order. The failure to do so could leave them at risk of enforcement actions or accusations of contempt of court. The other parent could also petition the courts for a custody modification.
Parents generally need to show up on time for custody exchanges, communicate in advance when issues arise, allow for makeup parenting time if they must cancel one another's time with the children and share information about the children that is relevant to their shared custody arrangement. Disputes between parents, including issues with unpaid child support, do not justify the cancellation of parenting time.
Resources for parents who share custody
There are many tools and resources that can be helpful for Michigan parents who share custody of children. Many parents still adjusting to the new arrangement during and after a divorce use parenting apps to communicate in writing. Written communication can help keep the dynamic between parents as amicable as possible and allows for better organization when parents make adjustments to the custody schedule.
Parents also have access to the friend of the court. The Friend of the Court (FOC) can assist with child support assessments and enforcement. In cases where there are concerns about the well-being of children, the Friend of the Court can also serve as an advocate for children. They can also provide dispute resolution services.
Legal representation is valuable when preparing for divorce and shared custody. Discussing custody priorities and concerns with an attorney can help parents understand their rights and how the courts address various custody issues.]]>On Behalf of Law Offices of Jeanne M. Frazee<![CDATA[Managing shared summer custody by avoiding common pitfalls]]>https://www.jfrazeelaw.com/?p=503912026-05-26T16:53:32Z2026-05-16T14:27:25ZChildcare disputes
When children are home all day without school, parents may require child care services. Disputes about what providers parents use are common, especially when one parent intends to rely on family members, friends or a new romantic partner to watch the children while they work.
Parents may need to have standards in place for child care to avoid unsafe scenarios. They may also want to add the first right of refusal to the custody order so that they can take the time when the other parent isn’t with the children.
Conflicts related to vacation
Traveling with the children can be a way to bond and heal after the chaos of a divorce. Michigan generally allows both parents to travel during their scheduled parenting time. They can travel within the state or even leave the state, provided that doing so does not disrupt the parenting schedule.
If there are plans to travel internationally, even someplace close like Canada, parents generally need consent from a co-parent to leave the country with the children. They may also need to make arrangements to alter the custody schedule to accommodate their travel plans. Disclosing travel plans well in advance and working out logistics with a co-parent can prevent arguments about vacations over summer break.
Working together to create a thorough child custody order and being flexible while addressing the unique issues as they arise can make co-parenting easier. Parents who understand the most common challenges during the summer months can create more effective custody arrangements and avoid many challenging issues that might otherwise arise during summer vacation.]]>On Behalf of Law Offices of Jeanne M. Frazee<![CDATA[Is the house divided in a Michigan divorce?]]>https://www.jfrazeelaw.com/?p=503792026-05-13T01:47:29Z2026-05-13T01:47:29ZMichigan follows the rule of equitable distribution. This means courts divide property fairly, though not always equally. Judges consider several factors, including the length of the marriage, each spouse’s financial contributions, future earning potential, and the needs of the family.
In many divorces, the marital home becomes a central issue because it carries both financial and emotional value.
Marital vs. separate property
Whether the house gets divided often depends on whether it qualifies as marital or separate property. A home purchased during the marriage usually counts as marital property, even if only one spouse’s name appears on the title. Courts may also treat the property as marital if both spouses contributed to mortgage payments, maintenance or renovations.
On the other hand, a house one spouse owned before the marriage may qualify as separate property. The same may apply to homes received through inheritance or as a personal gift. Yet, separate property can lose some of its protection if marital funds helped pay the mortgage, increase the property’s value or cover major improvements. This is commonly known as commingling.
Options to protect the home
If keeping the house is important to you, several options may help protect your interest during the divorce process.
One common solution involves a buyout. In this arrangement, one spouse keeps the home and compensates the other spouse for their share of the equity. This option may work well when children remain in the home or one spouse has the financial ability to refinance the mortgage independently.
Some couples also negotiate property tradeoffs. For example, one spouse may keep the home while the other receives retirement funds, investment accounts or other marital assets of similar value.
Prenuptial and postnuptial agreements can also help protect a home, especially when one spouse owned the property before marriage. These agreements may clarify ownership rights and reduce disputes later.
In some cases, selling the home may provide the cleanest resolution. A sale can help both parties divide equity, pay off shared debts and move forward with greater financial independence.
Dividing a house during divorce can quickly become complicated, especially when emotions and long-term financial concerns overlap. Understanding your rights early can help you make informed decisions about your property and your future. Consulting an experienced Michigan divorce attorney can help you understand your rights, evaluate your options and develop a strategy to protect your financial future.
]]>On Behalf of Law Offices of Jeanne M. Frazee<![CDATA[Does spousal support still exist in Michigan?]]>https://www.jfrazeelaw.com/?p=503232026-04-07T14:27:46Z2026-04-07T14:27:46ZDivorce raises immediate financial questions. Spousal support or sometimes called alimony remains a viable remedy under Michigan law and can significantly affect your post-divorce income.
What Michigan law actually allows
Michigan courts can order one spouse to pay support to the other during or after a divorce. The court's authority comes from Michigan Compiled Laws 552.13 which permits support awards for the "suitable maintenance" of either spouse.Support is not automatic. The requesting spouse must show financial need and the other spouse must have the ability to pay. Michigan recognizes four forms of support:
Temporary support: Maintains financial stability while the divorce is pending.
Periodic support: Paid in regular installments over a defined term or indefinitely.
Rehabilitative support: A short-term award designed to help a spouse gain education or job skills.
Lump-sum support: A one-time payment often satisfied through a property transfer.
Each type serves a different purpose. The court selects the form that fits your circumstances.
How judges decide
Unlike child support, Michigan has no formula for spousal support. Judges weigh fourteen factors on a case-by-case basis. Key considerations include:
Length of the marriage: Longer marriages are more likely to result in extended or permanent support.
Age and health: A spouse who is unable to work due to age or health may receive long-term support.
Earning capacity: Courts compare each spouse's income potential and career prospects.
Standard of living: Judges use the marital standard of living as a starting point.
Fault: A spouse's conduct during the marriage can influence, though not solely determine the outcome.
No single factor controls the result. A judge may weigh them differently based on your case.
Tax treatment after 2018
Tax treatment of spousal support changed for divorces finalized after December 31, 2018. The paying spouse can no longer deduct support payments and the recipient does not report them as income. This shift can affect the real value of any support amount both parties agree to.
You may speak with a family law attorney
Spousal support involves complex legal and financial considerations that vary by case. If you are navigating a divorce in Michigan, consulting a qualified attorney can help you understand your rights and options.]]>On Behalf of Law Offices of Jeanne M. Frazee<![CDATA[Divorce and your 401(k): What you need to know]]>https://www.jfrazeelaw.com/?p=503242026-03-17T14:37:31Z2026-03-17T14:37:31ZWhat part of your 401(k) actually gets divided
Only the portion of your 401(k) that was built up during the marriage is typically subject to division. If you had money in the account before you got married, along with any growth tied to that earlier balance, that part may stay with you. Meanwhile, contributions made during the marriage usually count as shared.
What people often get wrong about dividing a 401(k)
A 401(k) does not automatically get split down the middle. The final division depends on the specific facts of your case. Many people assume everything in the account is shared or that both sides will walk away with equal amounts, which is not always how it works.
Where things can go wrong before you even start
Problems often begin when you treat the account as one lump sum or make decisions without understanding what portion is actually at stake. If you look only at the total balance, take money out too early or agree to terms without understanding what portion actually belongs in the discussion, you can end up giving up more than you realize.
Make sure you understand what you are dividing
If you feel unsure about what part of your 401(k) is on the table or how a decision today might affect you later, take a step back and look at the numbers more carefully before agreeing to anything. If you still have questions, speaking with a family law attorney can help you understand your options and decide what makes sense for you.]]>On Behalf of Law Offices of Jeanne M. Frazee<![CDATA[The role adultery plays in a Michigan divorce]]>https://www.jfrazeelaw.com/?p=503252026-03-04T13:30:49Z2026-03-04T13:30:49ZDoes adultery matter in a no-fault state?
Michigan is a no-fault divorce state, meaning that you do not have to prove that your spouse had done something wrong to file. The only requirement is that you testify there has been a breakdown of the marital relationship to the point where it cannot be preserved. This may sound like adultery is irrelevant, but Michigan courts may consider a spouse's conduct when making decisions about property, spousal support and child custody.
Will infidelity affect the division of assets?
As Michigan operates under an equitable distribution system, the courts will divide the marital property fairly but not always equally. If either spouse had an affair, a judge will evaluate this behavior alongside other standard equitable factors, paying specific attention to:
Whether the infidelity resulted in marital funds being spent on gifts, trips or financial support for the other person
Whether the conduct directly disrupted either spouse's ability to earn income or contribute to the marital estate
Whether the relationship caused measurable financial harm to the marital estate
Ultimately, if the court finds that one spouse's infidelity led to a reduction in marital wealth, the judge will typically adjust the final property split to reimburse the wronged spouse for the dissipated funds.
Whether the conduct reflects on either parent's moral fitness or ability to effectively function as a parent
Whether the affair disrupted the stability of the home environment or exposed the children to inappropriate situations
Whether the infidelity impacts either parent's willingness to encourage a close and continuing relationship between the child and the other parent
It is also worth knowing that an affair on its own does not make someone an unfit parent. A judge would need to see evidence that the behavior affected the children, such as neglecting parental responsibilities during the marriage.
Is spousal support impacted as well?
Spousal support is another area where adultery can carry real weight. For example, a judge can look at who played a role in ending the marriage. If the spouse requesting support is the one who committed adultery, the court may view that conduct unfavorably when deciding whether an award is appropriate.
On the other hand, financial considerations still drive much of the analysis, as earning capacity, the length of the marriage and the standard of living both spouses maintained during it all carry significant weight in the final determination.]]>On Behalf of Law Offices of Jeanne M. Frazee<![CDATA[Are assets owned by one spouse their separate property?]]>https://www.jfrazeelaw.com/?p=503262026-01-27T19:16:11Z2026-01-27T19:16:11ZTechnical ownership isn't the deciding factor
Many people in the initial stages of preparing for divorce vastly overestimate what resources they can protect as separate property. Quite a few people assume that financial accounts held in their names and assets titled in their names, such as the vehicles they drive, are separate property for the purposes of asset distribution during a divorce.
What they fail to consider is that they likely used marital property to acquire those assets or fund those accounts. Many people add to accounts in their own names using marital income or purchase assets they claim to own solely with money earned during the marriage.
When establishing what is separate or marital for the purposes of a divorce, the nature of the funds used to acquire the property is a key consideration. Most of the time, all income earned during marriage is marital, and therefore, any property acquired with that income is also marital.
Contributions to savings accounts and retirement funds during marriage are typically marital property, even though only one spouse has their name on the account. Even a bank account opened due to an imminent divorce filing and funded with one spouse’s income is typically marital property. Spouses must ensure that they disclose all of their separate and marital property accurately, as the failure to do so could cause complications during property division proceedings.
Learning more about equitable property division can help people preserve resources and negotiate more effectively as they prepare for divorce. Much of what people initially believe may be separate property could actually be marital property that they have to address in the event of divorce.]]>On Behalf of Law Offices of Jeanne M. Frazee<![CDATA[Who gets the house? Solving the real estate puzzle in a Wayne County divorce]]>https://www.jfrazeelaw.com/?p=503272026-01-14T18:16:40Z2026-01-14T18:16:40ZEquitable distribution rules in Michigan
Michigan operates under the principle of equitable distribution. While many assume the court divides assets exactly 50/50, the goal in Wayne County is a “fair” split based on your unique circumstances. In Michigan, assets you and your spouse obtain during your wedding years typically qualify as marital property, even if the title or deed lists only one person.
However, separate property, like a home you owned before the wedding, can still impact your settlement in several ways, including:
Invasion of assets: If your spouse contributed to the home’s "acquisition, improvement, or accumulation," a judge may award them a portion of the increased value.
Commingling funds: Using joint bank accounts to pay the mortgage doesn't automatically make the entire house marital property, but it gives the estate a claim to that equity.
Active appreciation: If the home's value increased due to major renovations funded by marital income, that increase is often divisible.
These rules ensure that even if a home stays "separate," the financial contributions made during the marriage are fairly compensated. Identifying these distinctions is the first step toward a settlement that reflects your actual investment.
Choosing between a buyout and a market sale
You generally have two paths for the family home. Through a buyout, you may retain the home by exchanging your interest in other holdings, like investment portfolios or retirement funds, to compensate your spouse for their portion of the home's value. Alternatively, selling the home allows both parties to liquidate their equity and start fresh with significant capital.
Wayne County judges consider several factors when finalizing these arrangements:
The duration of the marriage and the contributions of each spouse
Each spouse's earning capacity and general financial health
The marital estate’s overall "equity" and any fault in the marriage’s breakdown
While a judge may grant the custodial parent temporary possession of the home to promote the children's stability, you must still equitably divide the underlying financial value. Your strategy must balance your immediate need for a roof over your head with your long-term economic health.
Secure your financial future
Dividing real estate is rarely just a math problem; it is a complex negotiation over your future security. Having skilled legal guidance is essential to ensure the court recognizes your financial contributions. An experienced attorney protects your interests and helps ensure you move forward with a settlement that provides a solid foundation for your next chapter.]]>On Behalf of Law Offices of Jeanne M. Frazee<![CDATA[Why can’t you get custody of your pet when your marriage ends?]]>https://www.jfrazeelaw.com/?p=503282026-01-07T20:54:21Z2026-01-07T20:54:21ZAs you go through a divorce, you and your spouse have to divide your lives. Two of the main components of this are property division and the division of child custody rights. Couples need to split up marital property, and they must determine who has legal and physical custody of the children at specific times.
That said, you may find yourself concerned about what is going to happen to your pet. You may have a close bond with your pet that has formed over many years. You may want custody rights to ensure that this pet, whom you consider a beloved part of the family, continues living with you. But why is this not handled the same way as child custody?
Pets fall under property division
The reason you cannot receive custody of a pet is that custody rights are only assigned to children. Pets, even though they feel like family members, are legally considered property.As a result, deciding who keeps the pet is a property division issue. If you purchased the pet before you were married, you may be considered the owner and may keep the pet after the divorce. However, if you and your spouse acquired the pet during the marriage, it is a marital asset that you both own. It must be addressed during property division.This does not always lead to a satisfying outcome. If both spouses want to keep the pet, but one person receives a different marital asset of similar financial value instead, they may feel disappointed. From the court’s perspective, however, the focus is on the financial value of the pet and dividing marital property accordingly.
Are there any other solutions?
If you and your spouse are on relatively good terms or are willing to cooperate, you may be able to reach solutions outside of this strict legal framework.For example, consider the relationship your children have with the pet. It may make sense for the pet to move back and forth with the children. When you have custody of the children, you would also have the pet. From the children’s perspective, they continue living with the pet full-time, while both parents share responsibility.Even if you do not have children, it may be helpful to consider the preexisting relationship each spouse had with the pet. If one person was primarily responsible for caring for the pet, it may make more sense for that person to keep the pet during property division.
The complexities of divorce
Divorce can become very complicated when spouses disagree over property division or custody arrangements. The situation can become even more complex when pets are involved, often leading to disputes during divorce litigation. If you are in this position, it is important to understand your legal rights and options while navigating the divorce process.]]>On Behalf of Law Offices of Jeanne M. Frazee<![CDATA[3 common challenges when business owners divorce]]>https://www.jfrazeelaw.com/?p=503292025-12-03T18:03:57Z2025-12-03T18:03:57Z1. Can the spouses work together?
Maybe the spouses met during graduate school, and they now both work as licensed professionals at the same business that they built together. Neither may want to leave the company or professional practice to seek employment elsewhere or begin building a new company of their own.
Spouses may need to negotiate thorough agreements that allow them to continue working together during and after the divorce. Similar steps may be necessary if one spouse holds an executive role and the other spouse handles administrative matters for the family business. Some couples can continue working together, but the vast majority of coworker spouses must plan to facilitate one spouse’s exit from the company.
2. What is the company worth?
Shared ownership creates a variety of complications after a divorce. Frequently, one spouse retains their interest in the company, while the other must give up their interest in the business. To reach a fair property division settlement, the spouses must determine what the company is worth using one of several valuation methods.
They must also negotiate arrangements for integrating the company's value into the overall property division settlement. The owner could refinance to withdraw equity from the business. They could also agree to take responsibility for more marital debt or give up their interest in other valuable assets, such as retirement savings, investment accounts or real property.
3. Are trade secrets at risk?
Many successful businesses and professional practices have unique goods or services that set them apart from competitors. Business owners expecting to buy out their spouses may need to address trade secrets and negotiate contracts that prevent their spouses from exposing company information or directly competing against the business in the future.
Establishing priorities early in the divorce process can help business owners protect their organizations and minimize the stress and uncertainty of their divorce proceedings. Business owners trying to determine what their companies are worth and how to effectively protect their holdings usually require assistance, and that’s okay. Seeking personalized legal guidance is always an option.]]>