Michigan Divorce Laws
JUDGMENTS OF DIVORCE OR SEPARATE MAINTENANCE
Act 259 of 1909
AN ACT to provide that judgments of divorce and judgments of separate maintenance shall make provision in satisfaction of the claims of the wife in the property of the husband and in satisfaction of the claims of the husband and wife in contracts of insurance and annuity upon the life of the husband or wife, and in satisfaction of claims of the husband and wife in or to any pension, annuity, retirement allowance, or accumulated contributions in any pension, annuity, or retirement system, including any rights or contingent rights in and to unvested pension, annuity, or retirement benefits; and to change the tenure of lands owned by husband and wife in case of divorce, and to provide for the disposition or partition of such lands or the proceeds thereof.
History: 1909, Act 259, Eff. Sept. 1, 1909
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Am. 1939, Act 220, Eff. Sept. 29, 1939
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Am. 1982, Act 184, Imd. Eff. June 17, 1982
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Am. 1985, Act 42, Imd. Eff. June 13, 1985
JUDGMENTS OF DIVORCE OR SEPARATE MAINTENANCE (EXCERPT)
Act 259 of 1909
552.101 Judgment of divorce or separate maintenance; provision in lieu of dower; determining rights of wife or husband in and to policy of life insurance, endowment, or annuity; discharge of liability on policy; determination of rights; assignment of rights.Sec. 1.
(1) When any judgment of divorce or judgment of separate maintenance is granted in any of the courts of this state, the court granting the judgment shall include in it a provision in lieu of the dower of the wife in the property of the husband, which shall be in full satisfaction of all claims that the wife may have in any property that the husband owns or may own in the future or in which he may have any interest.
(2) Each judgment of divorce or judgment of separate maintenance shall determine all rights of the wife in and to the proceeds of any policy or contract of life insurance, endowment, or annuity upon the life of the husband in which the wife was named or designated as beneficiary, or to which the wife became entitled by assignment or change of beneficiary during the marriage or in anticipation of marriage. If the judgment of divorce or judgment of separate maintenance does not determine the rights of the wife in and to a policy of life insurance, endowment, or annuity, the policy shall be payable to the estate of the husband or to the named beneficiary if the husband so designates. However, the company issuing the policy shall be discharged of all liability on the policy by payment of its proceeds in accordance with the terms of the policy unless before the payment the company receives written notice, by or on behalf of the insured or the estate of the insured, 1 of the heirs of the insured, or any other person having an interest in the policy, of a claim under the policy and the divorce.
(3) Each judgment of divorce or judgment of separate maintenance shall determine all rights of the husband in and to the proceeds of any policy or contract of life insurance, endowment, or annuity upon the life of the wife in which the husband was named or designated as beneficiary, or to which he became entitled by assignment or change of beneficiary during the marriage or in anticipation of marriage. If the judgment of divorce or judgment of separate maintenance does not determine the rights of the husband in and to the policy of life insurance, endowment, or annuity, the policy shall be payable to the estate of the wife, or to the named beneficiary if the wife so designates. However, the company issuing the policy shall be discharged of all liability on the policy by payment of the proceeds in accordance with the terms of the policy unless before the payment the company receives written notice, by or on behalf of the insured or the estate of the insured, 1 of the heirs of the insured, or any other person having an interest in the policy, of a claim under the policy and the divorce.
(4) Each judgment of divorce or judgment of separate maintenance shall determine all rights, including any contingent rights, of the husband and wife in and to all of the following:
(a) Any vested pension, annuity, or retirement benefits.
(b) Any accumulated contributions in any pension, annuity, or retirement system.
(c) In accordance with section 18 of 1846 RS 84, MCL 552.18, any unvested pension, annuity, or retirement benefits.
(5) For any divorce or separate maintenance action filed on or after September 1, 2006, if a judgment of divorce or judgment of separate maintenance provides for the assignment of any rights in and to any pension, annuity, or retirement benefits, a proportionate share of all components of the pension, annuity, or retirement benefits shall be included in the assignment unless the judgment of divorce or judgment of separate maintenance expressly excludes 1 or more components. Components include, but are not limited to, supplements, subsidies, early retirement benefits, postretirement benefit increases, surviving spouse benefits, and death benefits. This subsection shall apply regardless of the characterization of the pension, annuity, or retirement benefit as regular retirement, early retirement, disability retirement, death benefit, or any other characterization or classification, unless the judgment of divorce or judgment of separate maintenance expressly excludes a particular characterization or classification.
History: 1909, Act 259, Eff. Sept. 1, 1909
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CL 1915, 11436
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CL 1929, 12766
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Am. 1939, Act 220, Eff. Sept. 29, 1939
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CL 1948, 552.101
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Am. 1982, Act 184, Imd. Eff. June 17, 1982
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Am. 1985, Act 42, Imd. Eff. June 13, 1985
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Am. 2006, Act 288, Imd. Eff. July 20, 2006
JUDGMENTS OF DIVORCE OR SEPARATE MAINTENANCE (EXCERPT)
Act 259 of 1909
552.102 Realty owned jointly or by entireties; effect of divorce without determination of ownership in decree.
Sec. 2.
Every husband and wife owning real estate as joint tenants or as tenants by entireties shall, upon being divorced, become tenants in common of such real estate, unless the ownership thereof is otherwise determined by the decree of divorce.
History: 1909, Act 259, Eff. Sept. 1, 1909
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CL 1915, 11437
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CL 1929, 12767
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CL 1948, 552.102
JUDGMENTS OF DIVORCE OR SEPARATE MAINTENANCE (EXCERPT)
Act 259 of 1909
552.103 Realty owned jointly or by entireties; bill of complaint, disposal, sale order, partition.
Sec. 3.
The bill of complaint or amendment thereto, or the answer or cross bill or amendment thereto, filed in any divorce proceeding may ask that the ownership of the lands described therein and owned by the parties to such suit as joint tenants or as tenants by entireties shall be determined by the decree of divorce, if granted, and in such case the court granting the divorce may award such lands to 1 or the other of said parties, or any part of it to either of them, or may order such lands to be sold under the direction of a circuit court commissioner, and the proceeds thereof divided between the parties in such proportion as the court shall order; or may appoint commissioners to partition such lands between said parties in the proportion fixed by the decree. The proceedings following the appointment of such commissioner shall conform to the law governing the partition of lands between tenants in common.
History: 1909, Act 259, Eff. Sept. 1, 1909
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CL 1915, 11438
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CL 1929, 12768
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CL 1948, 552.103
JUDGMENTS OF DIVORCE OR SEPARATE MAINTENANCE (EXCERPT)
Act 259 of 1909
552.104 Divorce decree; certified copy; recording.
Sec. 4.
A certified copy of any decree granted in a suit for divorce may be recorded in the office of the register of deeds of any county in this state.
History: 1909, Act 259, Eff. Sept. 1, 1909
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CL 1915, 11439
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CL 1929, 12769
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CL 1948, 552.104
ALIMONY AWARDED BY COURT OF ANOTHER STATE
Act 52 of 1911
AN ACT to allow the bringing of an action at law on a decree for alimony of a court of another state and regulating the practice in such cases.
History: 1911, Act 52, Eff. Aug. 1, 1911
COLLECTION OF ALIMONY OR SUPPORT AND MAINTENANCE
Act 379 of 1913
AN ACT to facilitate the collection of alimony and support and maintenance for minor children or for children who are 18 years of age or older ordered to be paid in suits for divorce or separate maintenance.
History: 1913, Act 379, Eff. Aug. 14, 1913
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Am. 1962, Act 176, Eff. Mar. 24, 1963
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Am. 1990, Act 242, Imd. Eff. Oct. 10, 1990
COLLECTION OF ALIMONY OR SUPPORT AND MAINTENANCE (EXCERPT)
Act 379 of 1913
552.151 Alimony or support and maintenance order in suit for divorce or separate maintenance; petition; punishment for neglect or violation.
Sec. 1.
In a suit for divorce or separate maintenance, if an order or decree for payment of temporary or permanent alimony, or of support and maintenance for minor children or for children who are 18 years of age or older, has been made, and if the party, plaintiff, or defendant, has appeared in person or by attorney or has been personally served with process within the jurisdiction of the court making the order or decree, then the court may punish by fine or imprisonment, or both, any neglect or violation of the order upon petition of the party whose rights may have been impaired, impeded, or prejudiced by neglect or violation.
History: 1913, Act 379, Eff. Aug. 14, 1913
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CL 1915, 11443
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CL 1929, 12773
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CL 1948, 552.151
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Am. 1962, Act 176, Eff. Mar. 24, 1963
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Am. 1990, Act 242, Imd. Eff. Oct. 10, 1990
COLLECTION OF ALIMONY OR SUPPORT AND MAINTENANCE (EXCERPT)
Act 379 of 1913
552.152 Payments in default; motion; attachment; “state disbursement unit” or “SDU” defined.
Sec. 2.
(1) When a decree or order described in section 1 orders payments to be made to the clerk of the court, the friend of the court, or the state disbursement unit and a payment is in default, the party prejudiced may make a motion before the court showing by records in the clerk's or friend of the court's office, or otherwise, that the default has occurred, and the court may issue an attachment to arrest the party in default and bring the party immediately before the court to answer for the default.
(2) As used in this act, “state disbursement unit” or “SDU” means the entity established in section 6 of the office of child support act, 1971 PA 174, MCL 400.236.
History: 1913, Act 379, Eff. Aug. 14, 1913
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CL 1915, 11444
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Am. 1923, Act 232, Eff. Aug. 30, 1923
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CL 1929, 12774
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CL 1948, 552.152
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Am. 1962, Act 176, Eff. Mar. 28, 1963
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Am. 1999, Act 153, Imd. Eff. Nov. 3, 1999
COLLECTION OF ALIMONY OR SUPPORT AND MAINTENANCE (EXCERPT)
Act 379 of 1913
552.153 Order for payment; demand or notice not necessity.
Sec. 3.
No demand or notice of making the order for such payment shall be necessary in the cases enumerated in section 1.
History: 1913, Act 379, Eff. Aug. 14, 1913
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CL 1915, 11445
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CL 1929, 12775
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CL 1948, 552.153
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Am. 1962, Act 176, Eff. Mar. 28, 1963
COLLECTION OF ALIMONY OR SUPPORT AND MAINTENANCE (EXCERPT)
Act 379 of 1913
552.154 Attachment; arrest, custody of party.
Sec. 4.
The attachment shall be executed by the sheriff of the county, or by any officer authorized to make such arrest, who shall arrest the party named therein and keep him in actual custody and bring him forthwith before the court issuing the attachment, and shall keep and detain him until the court shall make some further order.
History: 1913, Act 379, Eff. Aug. 14, 1913
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CL 1915, 11446
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CL 1929, 12776
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CL 1948, 552.154
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Am. 1962, Act 176, Eff. Mar. 28, 1963
COLLECTION OF ALIMONY OR SUPPORT AND MAINTENANCE (EXCERPT)
Act 379 of 1913
552.155 Attachment; discharge by execution of bond, court order.
Sec. 5.
The party arrested on the attachment shall be discharged therefrom upon executing and delivering to the clerk of the court issuing such attachment a bond, with 2 sufficient sureties in a penal sum to be fixed by the court, conditioned for immediate and faithful performance of the terms of the order for such payment, or the party may be discharged from arrest by such other order as the court may enter after a full hearing thereon.
History: 1913, Act 379, Eff. Aug. 14, 1913
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CL 1915, 11447
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CL 1929, 12777
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CL 1948, 552.155
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Am. 1962, Act 176, Eff. Mar. 28, 1963
COLLECTION OF ALIMONY OR SUPPORT AND MAINTENANCE (EXCERPT)
Act 379 of 1913
552.156 Transition to centralized receipt and disbursement of support and fees.
Sec. 6.
The department, the SDU, and each office of the friend of the court shall cooperate in the transition to the centralized receipt and disbursement of support and fees. An office of the friend of the court shall continue to receive and disburse support and fees through the transition, based on the schedule developed as required by section 6 of the office of child support act, 1971 PA 174, MCL 400.236, and modifications to that schedule as the department considers necessary.
History: Add. 1999, Act 153, Imd. Eff. Nov. 3, 1999
THE FAMILY SUPPORT ACT
Act 138 of 1966
AN ACT to confer jurisdiction upon the circuit courts to order and enforce the payment of money for the support, in certain cases, of parents having physical custody of minor children or children who have reached the age of majority and of minor children or children who have reached the age of majority by noncustodial parents and to enter orders governing custody and parenting time for those children; to provide for the termination of the effectiveness of the support orders; and to provide for the payment of fees and assessment of costs in those cases.
History: 1966, Act 138, Eff. Mar. 10, 1967
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Am. 1970, Act 153, Imd. Eff. Aug. 1, 1970
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Am. 1983, Act 196, Imd. Eff. Nov. 7, 1983
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Am. 1990, Act 237, Imd. Eff. Oct. 10, 1990
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Am. 2002, Act 574, Eff. Dec. 1, 2002
THE FAMILY SUPPORT ACT (EXCERPT)
Act 138 of 1966
552.451 Proceedings for support of custodial parent and children; complaint; service; prohibition.
Sec. 1.
A married parent who has a minor child or children living with him or her and who is living separate and away from his or her spouse who is the noncustodial parent of the child or children, and who is refused financial assistance by the noncustodial parent to provide necessary shelter, food, care, and clothing for the child or children, if the spouse is of sufficient financial ability to provide that assistance, may complain to the circuit court for the county where either parent resides for an order for support for himself or herself and the minor child or children. Subject to section 5b of the support and parenting time enforcement act, 1982 PA 295, MCL 552.605b, the parent may also complain to the circuit court for support for a child or children after they reach 18 years of age. The proceedings shall be commenced by the filing of a complaint verified by the petitioner and by issuance of a summons that shall be personally served upon the noncustodial parent of the children and spouse of the petitioner. A complaint shall not be filed nor shall any summons issue if divorce or separate maintenance proceedings are then pending between the petitioner and his or her spouse.
History: 1966, Act 138, Eff. Mar. 10, 1967
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Am. 1983, Act 196, Imd. Eff. Nov. 7, 1983
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Am. 1990, Act 237, Imd. Eff. Oct. 10, 1990
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Am. 2002, Act 8, Imd. Eff. Feb. 14, 2002
THE FAMILY SUPPORT ACT (EXCERPT)
Act 138 of 1966
552.451a Proceedings for support of children; support order; burden of proof; applicability of section.
Sec. 1a.
A custodial parent or guardian of a minor child or children or a child or children who have reached 18 years of age may proceed in the same manner, and under the same circumstances as provided in section 1, against the noncustodial parent for the support of the child or children. The order of support shall provide only for the support of the child or children, and the burden of proof shall be the same as provided in section 2. This section applies only to legitimate, legitimated, and lawfully adopted minor children and, subject to section 5b of the support and parenting time enforcement act, 1982 PA 295, MCL 552.605b, children after they reach 18 years of age.
History: Add. 1970, Act 153, Imd. Eff. Aug. 1, 1970
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Am. 1983, Act 196, Imd. Eff. Nov. 7, 1983
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Am. 1990, Act 237, Imd. Eff. Oct. 10, 1990
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Am. 2002, Act 8, Imd. Eff. Feb. 14, 2002
THE FAMILY SUPPORT ACT (EXCERPT)
Act 138 of 1966
552.451b Proceedings for support of custodial parent and children being supported by public assistance; burden of proof.
Sec. 1b.
The director of social services or his or her designated representative or the director of the county department of social services of the county where the custodial parent or minor child or children or child or children who have reached 18 years of age reside or the director's designated representative may proceed in the same manner and under the same circumstances as provided in sections 1 and 1a against the noncustodial parent for the support of the custodial parent and minor child or children or child or children who have reached 18 years of age if the custodial parent and minor child or children or child or children who have reached 18 years of age or any of them are being supported, in whole or in part, by public assistance under the social welfare act, Act No. 280 of the Public Acts of 1939, as amended, being sections 400.1 to 400.121 of the Michigan Compiled Laws. The burden of proof shall be the same as provided in section 2.
History: Add. 1971, Act 195, Imd. Eff. Dec. 20, 1971
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Am. 1983, Act 196, Imd. Eff. Nov. 7, 1983
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Am. 1990, Act 237, Imd. Eff. Oct. 10, 1990
THE FAMILY SUPPORT ACT (EXCERPT)
Act 138 of 1966
552.452 Hearing; order; contents; burden of proving lack of ability to provide support; amount; enforcement of order; custody and parenting time.
Sec. 2.
(1) Upon the hearing of the complaint, in the manner of a motion, the court may enter an order as it determines proper for the support of the petitioner and the minor child or children of the parties as prescribed in section 5 of the support and parenting time enforcement act, 1982 PA 295, MCL 552.605. The order shall provide that payment shall be made to the friend of the court or the state disbursement unit. If the parent complained of opposes the entry of the order upon the ground that he or she is without sufficient financial ability to provide necessary shelter, food, care, clothing, and other support for his or her spouse and child or children, the burden of proving this lack of ability is on the parent against whom the complaint is made. The order shall state in separate paragraphs the amount of support for the petitioner until the further order of the court, and the amount of support for each child until each child reaches 18 years of age or until the further order of the court. Subject to section 5b of the support and parenting time enforcement act, 1982 PA 295, MCL 552.605b, the court may also order support for the child after the child reaches 18 years of age, or until the further order of the court.
(2) A support order entered under this section is enforceable as provided in the support and parenting time enforcement act, 1982 PA 295, MCL 552.601 to 552.650. If this act contains a specific provision regarding the contents or enforcement of a child support order that conflicts with a provision in the support and parenting time enforcement act, 1982 PA 295, MCL 552.601 to 552.650, this act controls in regard to that provision.
(3) If there is no dispute regarding a child's custody, the court shall include in an order for support issued under this act specific provisions governing custody of and parenting time for the child in accordance with the child custody act of 1970, 1970 PA 91, MCL 722.21 to 722.31. If there is a dispute regarding custody of and parenting time for the child, the court shall include in an order for support issued under this act specific temporary provisions governing custody of and parenting time for the child. Pending a hearing on or other resolution of the dispute, the court may refer the matter to the office of the friend of the court for a written report and recommendation as provided in section 5 of the friend of the court act, 1982 PA 294, MCL 552.505. In a dispute regarding custody of and parenting time for a child, the prosecuting attorney is not required to represent either party regarding the dispute.
History: 1966, Act 138, Eff. Mar. 10, 1967
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Am. 1967, Act 75, Eff. Nov. 2, 1967
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Am. 1970, Act 153, Imd. Eff. Aug. 1, 1970
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Am. 1983, Act 196, Imd. Eff. Nov. 7, 1983
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Am. 1985, Act 212, Eff. Mar. 1, 1986
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Am. 1989, Act 276, Imd. Eff. Dec. 26, 1989
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Am. 1990, Act 237, Imd. Eff. Oct. 10, 1990
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Am. 1990, Act 292, Imd. Eff. Dec. 14, 1990
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Am. 1996, Act 5, Eff. June 1, 1996
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Am. 1999, Act 158, Imd. Eff. Nov. 3, 1999
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Am. 2001, Act 111, Eff. Sept. 30, 2001
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Am. 2002, Act 574, Eff. Dec. 1, 2002
THE FAMILY SUPPORT ACT (EXCERPT)
Act 138 of 1966
552.453 Transmitting order for support to friend of court.
Sec. 3.
Upon the entry of any order for support under this act, a copy of the order shall be transmitted to the friend of the court of the county in which the order was entered.
History: 1966, Act 138, Eff. Mar. 10, 1967
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Am. 1985, Act 212, Eff. Mar. 1, 1986
THE FAMILY SUPPORT ACT (EXCERPT)
Act 138 of 1966
552.454 Prosecuting attorney as attorney for petitioner; utilization of child support formula as guideline; transmittal of payments to family independence agency.
Sec. 4.
(1) If the county family independence agency where the custodial parent or guardian of the minor child or children or the child or children who have reached 18 years of age resides determines the custodial parent, the minor child or children, the child or children who have reached 18 years of age, or any of them to be eligible for public or medical assistance, or if a complaint is being filed under section 1b, the prosecuting attorney shall act as the attorney for the petitioner.
(2) The prosecuting attorney shall utilize the child support formula developed under section 19 of the friend of the court act, 1982 PA 294, MCL 552.519, as a guideline in petitioning for child support. Upon certification by the family independence agency that the custodial parent and minor child or children or child or children who have reached 18 years of age are receiving public assistance, a payment received by the friend of the court or the state disbursement unit for the support of the custodial parent and minor child or children or child or children who have reached 18 years of age shall be transmitted to the family independence agency.
History: 1966, Act 138, Eff. Mar. 10, 1967
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Am. 1970, Act 153, Imd. Eff. Aug. 1, 1970
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Am. 1971, Act 195, Imd. Eff. Dec. 20, 1971
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Am. 1983, Act 196, Imd. Eff. Nov. 7, 1983
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Am. 1985, Act 212, Eff. Mar. 1, 1986
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Am. 1990, Act 237, Imd. Eff. Oct. 10, 1990
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Am. 1990, Act 292, Imd. Eff. Dec. 14, 1990
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Am. 1999, Act 158, Imd. Eff. Nov. 3, 1999
THE FAMILY SUPPORT ACT (EXCERPT)
Act 138 of 1966
552.455 Modification of order; application and notice; order void upon entry of judgment of divorce or separate maintenance.
Sec. 5.
An order entered under section 2 may be modified by the court upon proper application to the court and due notice to the opposite party. If a judgment of divorce or of separate maintenance is entered by a court having personal jurisdiction over the parties, an order entered under this act is null and void upon the effective date of the judgment.
History: 1966, Act 138, Eff. Mar. 10, 1967
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Am. 1990, Act 237, Imd. Eff. Oct. 10, 1990
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Am. 1990, Act 292, Imd. Eff. Dec. 14, 1990
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Am. 1996, Act 5, Eff. June 1, 1996
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Am. 2002, Act 8, Imd. Eff. Feb. 14, 2002
THE FAMILY SUPPORT ACT (EXCERPT)
Act 138 of 1966
552.456 Warrant for criminal nonsupport; testimony.
Sec. 6.
A warrant for criminal nonsupport shall not issue or be enforced against any parent who is a party to the proceedings provided for in this act if the parent complies with an order entered by a court as provided in this act. The parent's testimony, if any, in proceedings under this act is not admissible in such criminal proceedings.
History: 1966, Act 138, Eff. Mar. 10, 1967
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Am. 1970, Act 153, Imd. Eff. Aug. 1, 1970
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Am. 1983, Act 196, Imd. Eff. Nov. 7, 1983
THE FAMILY SUPPORT ACT (EXCERPT)
Act 138 of 1966
552.457 Reimbursement of county for cost of enforcing support or parenting time orders; service fee; computation, payment, and disposition; failure or refusal to pay service fee; contempt.
Sec. 7.
(1) To reimburse the county for the cost of enforcing support or parenting time orders under this act, the court shall order the payment of a service fee of $2.00 per month, payable semiannually on each January 2 and July 2, to the friend of the court or state disbursement unit. The service fee shall be paid by the person ordered to pay the support money. The service fee shall be computed from the beginning date of the support order and shall continue while the support order is operative. The service fee shall be paid 6 months in advance on each due date, except for the first payment which shall be paid at the same time the support order is filed, and covers the period of time from that month until the next calendar due date. The friend of the court may deduct the service fee from support money paid after the due date of the service fee. An order that provides for the payment of support that requires collection by the friend of the court under this act or by the SDU shall provide for the payment of the service fee. Upon its own motion, a court may amend such an order or judgment to provide for the payment of the service fee, in the amount provided by this subsection, upon notice to the person ordered to pay the support money. The service fees shall be turned over to the county treasurer and credited to the general fund of the county.
(2) The court may hold in contempt a person who fails or refuses to pay a service fee ordered under subsection (1).
History: Add. 1967, Act 75, Eff. Nov. 2, 1967
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Am. 1970, Act 153, Imd. Eff. Aug. 1, 1970
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Am. 1983, Act 195, Imd. Eff. Nov. 1, 1983
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Am. 1999, Act 158, Imd. Eff. Nov. 3, 1999
THE FAMILY SUPPORT ACT (EXCERPT)
Act 138 of 1966
552.458 Fees and costs.
Sec. 8.
No filing, order or stenographer's fees shall be required for an action or proceedings under this act, but the court may assess any such costs, service costs and attorney fees against the defendant in the order of support or any modification thereof.
History: Add. 1970, Act 153, Imd. Eff. Aug. 1, 1970
(Make sure to consult a lawyer or check your local laws for any changes.)
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