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Cases of Interest: Michigan
© National Legal Research Group, Inc.

Agreements (full category)

MICHIGAN: Gramer v. Gramer, ___ Mich. App. ___, 523 N.W.2d 861 (1994).
The husband's tort claims against the wife were barred by the release provision of the parties' property settlement agreement.
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Classification of Assets (full category)

MICHIGAN: Reeves v. Reeves, 226 Mich. App. 490, 575 N.W.2d 1 (1997) (released 1998).
For the purpose of classifying assets as separate or marital, the trial court cannot include any period of cohabitation that may have occurred before the parties married.
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Cutoff Date (full category)

MICHIGAN: Byington v. Byington, ___ Mich. App. ___, 568 N.W.2d 141 (1997).
A lucrative compensation package earned by the husband during separation was marital property, but his contribution to the acquisition of the package could be considered as a factor in dividing the marital estate.
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Discovery (full category)

MICHIGAN: Draggoo v. Draggoo, ___ Mich. App. ___, 566 N.W.2d 642 (1997).
The trial court did not abuse its discretion when it granted a default judgment in the wife's favor as a sanction for the husband's refusal to comply with discovery orders, or when it denied the husband permission to participate in the adjudication of the property division.
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Factors in Award (full category)

MICHIGAN: Byington v. Byington, ___ Mich. App. ___, 568 N.W.2d 141 (1997).
A lucrative compensation package earned by the husband during separation was marital property, but his contribution to the acquisition of the package could be considered as a factor in dividing the marital estate.
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Grandparent's Rights (full category)

MICHIGAN: Heltzel v. Heltzel, No. 97-000316-DM (Mich. Ct. App. Oct. 23, 2001).
The mother appealed the award of physical and joint legal custody of her child to her parents, the child's maternal grandparents. The question presented was whether the trial court erroneously assigned to the mother the burden to prove that the child's placement with her was in the child's best interests.
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Inherited Property (full category)

MICHIGAN: Dart v. Dart, 459 Mich. 878, 597 N.W.2d 82 (1999).
In a "dual property" state, property received as an inheritance and kept separate from marital property is separate property and is not subject to distribution.
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Interest on Assets (full category)

MICHIGAN: Norman v. Norman, 201 Mich. App. 182, 506 N.W.2d 254 (1993).
Simple interest, and not compound interest, was payable on amount owed by wife to husband, where divorce judgment did not expressly provide for compound interest.
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Life Insurance (full category)

MICHIGAN: Massachusetts Indemnity & Life Insurance Co. v. Thomas, ___ Mich. App. ___, 520 N.W.2d 708 (1994).
Waiver provision in the parties' property settlement agreement meant that the former wife was not entitled to proceeds of a policy insuring the former husband's life, even though she herself had purchased the policy and paid the premiums.
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Pensions (full category)

MICHIGAN: McNamara v. McNamara, 249 Mich. App. 177, 642 N.W.2d 385 (2002).
The trial court erred by treating a pension earned during the marriage as income rather than as divisible property. Where the evidence did not permit the court to segregate passive income from the premarital balance in a defined contribution pension plan, it was not error to treat the entire growth in the value of the plan during the marriage as a divisible asset.
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MICHIGAN: Quade v. Quade, ___ Mich. App. ___, 604 N.W.2d 778 (1999).
The couple's QDRO transferred 50% of the husband's pension but did not include any language that would have granted the wife a share of the husband's early retirement benefits.
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Postdecree Proceedings (full category)

MICHIGAN: Hagen v. Hagen, 202 Mich. App. 254, 508 N.W.2d 196 (1993).
Trial court could impress lien on husband's workers' compensation payments to enforce order awarding wife one-half of those payments.
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MICHIGAN: Massachusetts Indemnity & Life Insurance Co. v. Thomas, ___ Mich. App. ___, 520 N.W.2d 708 (1994).
Waiver provision in the parties' property settlement agreement meant that the former wife was not entitled to proceeds of a policy insuring the former husband's life, even though she herself had purchased the policy and paid the premiums.
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MICHIGAN: Gramer v. Gramer, ___ Mich. App. ___, 523 N.W.2d 861 (1994).
The husband's tort claims against the wife were barred by the release provision of the parties' property settlement agreement.
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Separation (full category)

MICHIGAN: Byington v. Byington, ___ Mich. App. ___, 568 N.W.2d 141 (1997).
A lucrative compensation package earned by the husband during separation was marital property, but his contribution to the acquisition of the package could be considered as a factor in dividing the marital estate.
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Torts (full category)

MICHIGAN: Gramer v. Gramer, ___ Mich. App. ___, 523 N.W.2d 861 (1994).
The husband's tort claims against the wife were barred by the release provision of the parties' property settlement agreement.
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Transmutation of Property (full category)

MICHIGAN: Dart v. Dart, 459 Mich. 878, 597 N.W.2d 82 (1999).
In a "dual property" state, property received as an inheritance and kept separate from marital property is separate property and is not subject to distribution.
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Worker's Compensation (full category)

MICHIGAN: Hagen v. Hagen, 202 Mich. App. 254, 508 N.W.2d 196 (1993).
Trial court could impress lien on husband's workers' compensation payments to enforce order awarding wife one-half of those payments.
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