Giving You A Voice in Michigan

Divorce can be hard on everyone in the family; it also may be exactly what needs to happen to allow you to make a very necessary change in your life. During the challenges of a divorce, having someone who can remain impartial and calm is vital. It can be hard to stay focused when you are emotionally involved in things. This is where a dedicated divorce lawyer from ADAM American Divorce Association can make a difference for you.

Our lawyers are compassionate, skilled, and knowledgeable about Michigan family law. We understand the nuances of Michigan divorce laws and that no one enters a marriage believing it will end in dissolution. We know it is a painful decision that shocks the entire family, and we empathize with the trauma. We will treat all parties with the respect and understanding they deserve while still aggressively pursuing the resolution required. If you believe your former partner is hiding assets to avoid a fair and complete allocation of the marital property in your divorce settlement, call us at 248-290-6675 for a consultation. We fight for your rights and will give you back your voice.

What is Spousal Support or Maintenance?

Spousal Support (Alimony) or Maintenance is an award given to the spouse who earned less during the marriage so that they may continue to live the lifestyle they have become accustomed to. 

Alimony is not determined by any specific calculator, and courts are given a wide berth by which to determine an award. Some specifications frequently considered are:

  • How each party behaved during the marriage. The judge will look at the spouses’ conduct and who was at fault in the breakdown of the marriage. However, fault alone will not justify an award of spousal support.
  • The length of the marriage. The longer the marriage, the more likely the judge is to award spousal support. This is most important if one spouse doesn’t have a career or job skills, and the other spouse earns a substantial income. 
  • Whether each party can work. The judge is more likely to award spousal support to a person who can’t work or is unlikely to find work. Spousal support might be short term to give the person time to finish school or gain job skills.
  • How much property each party is getting in the divorce and whether the property is “liquid.” The parties’ property and debts are divided in a divorce case. When deciding whether one person needs spousal support, judges consider the type and amount of property each party is getting. A person is normally not expected to use their property award to pay everyday living expenses. It may be appropriate for the judge to award spousal support to a party who is getting mostly non-cash assets.
  • The age of the parties. An older person who has not worked during the marriage is more likely to need spousal support. But if the other spouse is retired and living on a fixed income, that could weigh against awarding spousal support, especially if the party who would get the spousal support is younger than retirement age.
  • Whether either party can pay spousal support. The judge will balance how much the paying spouse can earn with the other spouse’s ability to support herself or himself.
  • The current living situation of the parties. The judge will consider things like each spouse’s earning potential and career prospects.
  • The needs of each party. The judge will consider how the needs of each party contribute to their need for spousal support or affect their ability to pay spousal support.
  • The health of each party. A party’s health is especially relevant if it affects their ability to work and meet personal needs.
  • The prior standard of living of the parties. The standard of living during a marriage is a starting point for deciding whether either spouse should pay spousal support. In some cases, a person has the right to continue to enjoy the same quality of life they had during the marriage. If divorce means one spouse will stay at the marital standard of living and the other won’t, the judge may use spousal support to even things out.
  • Whether either party has other people to support. The judge will consider how either spouse’s responsibility to support others affects factors such as their ability to work or their ability to pay support.
  • What each party has contributed to the joint estate. The judge will consider what each party contributed to the marriage. This does not just mean contributing by earning money. If the other spouse contributed by raising the children, for example, the judge may consider the spouses’ contributions equal.
  • Whether either party lives with someone else. The judge will consider whether a party lives with someone else and the effect this has on their financial status.
  • Fairness. The judge will consider what is fair and reasonable when deciding whether to award spousal support and what amount to order.

Spousal Support or Maintenance can seem complex or overwhelming, and you will want the advice of an expert. At ADAM American Divorce Association, we focus on finding solutions that work. Call us at 248-290-6675 for a consultation.

What Does it Mean When Assets Are Hidden in a Divorce Settlement?

The first thing you should know is that, unlike many other states in the US, Michigan is not a Community Property state. This means that, for divorcing couples, all assets are divided fairly and equitably. You may be surprised by how long your ex may hide assets from you to avoid an equal distribution of marital property.

The discovery process is the first thing that happens in any complex divorce proceeding with many financial assets to discuss. This is a time when your spouse is required to turn over all financial records. Some people transfer assets like property into someone else’s name to avoid giving it up in divorce. Another popular method is to gift large sums of money to family members to keep it off bank ledgers and make it appear that the person has fewer resources than they do. People may go to great lengths to appear less wealthy than they are.

How Are Hidden Assets Discovered?

Thankfully, there are multiple ways to find assets hidden from view quickly. Nothing is ever truly made invisible. A skilled lawyer can help resolve the problem and get you the deserved settlement. There are multiple steps, and every case is different. What follows is an example and not intended to be a one-size-fits-all account.

  1. Check the Tax Returns- There is much information in these records. On the tax forms, be sure to check the “Income from Wages,” “Business Income,” “Capital Gain,” “IRA Distributions,” Pensions and Annuities,” and “Income from Interest and Dividends exceeding $400; this section may have information about savings accounts, bonds, and money markets. Be sure to closely examine schedules A, B, C, D & E. A forensic accountant will best locate the information required to help move your case forward. Your divorce attorney will know what information is needed to help you.
  2. Check to see if taxes were ever overpaid. Many people use this method to deflate their income.
  3. Look at bank accounts, loan applications, and financial statements to see if your spouse has applied for a loan. This can be time-consuming, but you will learn much about your spouse’s financial picture.
  4. Trace public records. Once again, this is a time-consuming process. Your lawyer should hire a professional forensic accountant or private investigator who finds the records that point to hidden assets. County court records, county property deeds, and county clerk’s offices are excellent resources to begin your search.

What Types of Assets Can You Help Me Find?

Your spouse may try to hide many types of assets. With significant knowledge and experience helping clients negotiate the division of their marital assets, we work hard to create solutions that secure hidden assets while planning for your life after divorce. We have your back.

Our strategies are focused on solutions while preparing for litigation if needed; our divorce attorneys work to assess not only the current values of your marital assets at the time of your divorce but also help you plan for the potential long-term gains or loss of the assets years later. We can help you find:

  • Business ownership,
  • Bank Accounts
  • Family Trusts,
  • Retirement and Investment accounts
  • Real estate and other property
  • Bitcoin, investments and prepayments into all sorts of financial applications, investments in on line banks.

At ADAM American Divorce Association, we know your painful decision. No one needs to go through this alone. Our lawyers are knowledgeable and empathetic. We are here for you. Call us at 248-290-6675 for a consultation.