Michigan is categorized as a separate property state. This legal framework dictates how assets and debts acquired during a marriage are owned and divided upon divorce or death. In contrast to community property states where most assets acquired during marriage are considered equally owned by both spouses, Michigan law recognizes individual ownership. For example, income earned by one spouse during the marriage is generally considered that spouse’s separate property.
The distinction between separate and community property states has significant implications for estate planning and divorce proceedings. Understanding this fundamental difference is crucial for Michigan residents making financial decisions during and after marriage. The separate property system provides individuals with greater control over their individually acquired assets. Historically, separate property systems reflect a legal tradition emphasizing individual autonomy in property ownership.