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Is Your Spouse Lying About Income?

In Michigan, when child support or spousal support (alimony) is calculated, it is important to prove your spouse’s income to receive a fair child support or spousal support contribution. Sometimes, parties in a divorce process attempt to mislead the court and incorrectly report their income in an attempt to reduce the amount of child support or spousal support they will have to pay.

In dividing property, the court determines whether property of the parties is considered “marital” or “separate” property. Generally, marital property is subject to division while the separate property is retained by the party claiming it to be their own separate property. By and large, property of the marriage is divided equally between the parties. It is a common misnomer that the wife retains a larger share of the marital estate than the husband; the division of the marital estate depends on a number of factors and is not arbitrarily determined based on the sex of the party. There are, of course, instances where the court may award a larger portion of the marital estate to one party. It is strongly advisable to speak with an attorney to explore what circumstances may necessitate a larger property award to one spouse over another.

In dividing property, the court determines whether property of the parties is considered “marital” or “separate” property. Marital property is that which the parties acquire during the marriage. Generally speaking, the wealth accumulated by the parties during the marriage is considered marital property, regardless of which party actively contributed to the source of that wealth. For example, if one spouse earned an income during the marriage while the other was a homemaker, half the wealth accumulated by the working spouse belongs to the nonworking spouse.