Practice Areas High Net Worth Divorce

Troy, Michigan High Net Worth Divorce Attorney | Expert Legal Representation for Complex Asset Division

A Michigan high net worth divorce attorney is a specialized family law professional who represents individuals with substantial assets (typically $1 million or more in liquid assets) through Michigan’s equitable distribution divorce process. Unlike community property states, where marital assets are split 50/50 automatically, Michigan follows equitable distribution—meaning courts divide property fairly based on multiple factors, but not necessarily equally.

Madana Hermiz, founder of Hermiz Law in Troy, Michigan, focuses her practice on guiding clients through the financial and emotional complexities of high-asset divorce. Recognized among the top 2.5% of Michigan lawyers through Super Lawyers Rising Stars, Attorney Hermiz has successfully navigated multi-million dollar property divisions and closely held corporation disputes for clients throughout Oakland, Macomb, and Wayne Counties. Her years of trial experience—including favorable verdicts in highly contentious cases—provide the courtroom credibility that complex divorce negotiations demand.

Contact Hermiz Law Today to Schedule Your Confidential Consultation | (248) 825-8042

At Hermiz Law, we understand that high-asset divorces in Michigan require mastery of complex legal principles. If you’re facing a complex divorce involving significant assets, call us at 248-825-8042 for a confidential consultation with an experienced high net worth divorce attorney.

What Makes Michigan High Net Worth Divorce Different?

Michigan’s equitable distribution system gives judges broad discretion in dividing marital property. Under Sparks v. Sparks, 440 Mich 141 (1992), courts must consider multiple factors when determining an equitable division. An equitable division is ‘roughly congruent’—fair under all circumstances, but not necessarily mathematically equal.

The factors Michigan judges must weigh include:

• Duration of the marriage
• Contributions of the parties to the marital estate (financial AND non-financial)
• Age and health of the parties
• Life status of the parties
• Necessities and circumstances of each party
• Earning abilities of the parties
• Past relations and conduct of the parties
• General principles of equity

This discretionary system creates both opportunities and risks for high-asset individuals. Courts have ‘very broad discretion to do equity regarding the disposition of property.’ However, any significant departure from congruence must be clearly explained.

Understanding Michigan’s Equitable Distribution Law for High-Asset Couples

Michigan’s property division follows a two-stage process governed by MCL 552.19, .23, .27, and .401:

Classification:

Courts classify assets as marital property (subject to division) or separate property (generally retained by the owner)

Valuation and Division:

Courts value and divide the marital estate according to the Sparks factors

Separate property generally includes:

• Assets owned before marriage
• Inheritances received during marriage (if not commingled)
• Gifts from third parties
• Passive appreciation of separate assets

Critical exception:

Michigan courts can ‘invade’ separate property under two statutory exceptions:

• Contribution (MCL 552.401): If the claiming spouse contributed to the property’s acquisition, improvement, or accumulation.
• Need (MCL 552.23): If the marital property is ‘insufficient for the suitable support and maintenance’ of the claiming spouse

The ‘suitable support’ standard implies something more than subsistence—courts have interpreted this to potentially require maintaining the standard of living established during the marriage.

Protect Your Assets—Schedule Your Consultation Today – Call (248) 825-8042

The stakes are too high to navigate Michigan’s complex property division laws alone. Contact Hermiz Law at 248-825-8042 to discuss how we can protect your financial future throughout your divorce.

Michigan Child Support for High-Income Families

Michigan uses the Michigan Child Support Formula (MCSF), an income shares model based on the principle that children should receive the same proportion of parental income they would have received if the family remained intact. 

Primary factors in calculating support:

• Each parent’s net income
• Number of overnights with each parent
• Number of children being supported
• Healthcare costs
• Childcare expenses

For high-income families, unique considerations often include:

• Private school tuition
• Elite extracurricular activities and summer programs
• Maintaining consistent lifestyles across two households
• Future educational costs (University of Michigan, Michigan State, out-of-state universities)
• Multiple residences requiring furnishing and maintenance

Your child support attorney would analyze these factors with you and place them in context with your unique circumstances.

Michigan Spousal Support (Alimony) in High Net Worth Divorces

Unlike child support, Michigan has no statutory formula for spousal support. Judges exercise complete discretion when determining amounts and duration under MCL 552.23. A competent spousal support attorney would be able to help you go through the following factors.

Fourteen factors guide spousal support determinations:

• Length of the marriage
• Ability of parties to work and earning capacity
• Past conduct and fault in the breakdown of the marriage
• Property awarded to each spouse in the division
• Ages of the parties
• Health of the parties (physical and mental)
• Financial circumstances and needs of each spouse
• Ability of the payor to make support payments
• Standard of living established during marriage
• Contributions each party made to the marriage (financial AND non-financial)

Types of Michigan spousal support:

• Temporary (Pendente Lite): Financial support during divorce proceedings
• Rehabilitative: Fixed duration to allow spouse to become self-supporting
• Permanent: Until remarriage or death of the recipient
• Lump-Sum: One-time payment as buyout of ongoing obligation

Critical tax change: For divorces finalized after December 31, 2018, spousal support is no longer tax-deductible for the payor or taxable income for the recipient. This fundamentally changes negotiation dynamics.

Get Strategic Guidance on Spousal Support – Call (248) 825-8042

Whether you’re seeking support or concerned about potential obligations, we can help you understand your options. Call Hermiz Law at 248-825-8042 for a confidential case evaluation.

Complex Asset Division in Michigan High Net Worth Divorce

Business Interests

Michigan courts apply the same two-stage analysis to business interests. Division options include:

• Award business to owner-spouse with offset: Most common approach—owner keeps 100% of business, non-owner receives equal value in other assets
• Structured buyout: Owner pays the non-owner’s share over time with a payment schedule
• Continued co-ownership: Rare, only works when parties can cooperate post-divorce

When one party attempts to conceal assets, Michigan courts may award 100% of concealed property to the innocent spouse under Sands v. Sands, 442 Mich 30 (1993).

Retirement Accounts

Michigan law requires division of retirement interests under MCL 552.18 and .101. Key considerations:

• Vested and unvested interests in pension, annuity, or retirement plans accrued during marriage are subject to division
• Qualified Domestic Relations Orders (QDROs) are required for dividing employer-sponsored plans
• Under MCL 552.101(4), ‘a proportionate share of all components’ passes to the alternate payee unless specifically excluded
• Components include supplements, early retirement benefits, postretirement increases, and survivor benefits

Hidden Assets and Forensic Accounting in Michigan Divorce

Both parties must provide complete, accurate financial disclosure. Intentional concealment carries severe consequences under Michigan law.

Penalties for hiding assets in a divorce include:

• Court may award 100% of concealed assets to innocent spouse (Sands v. Sands)
• Hiding spouse ordered to pay forensic accounting costs and attorney fees
• Dissipated assets still included in marital estate for division purposes
• Loss of credibility is affecting all divorce issues

Michigan discovery tools available:

• Mandatory financial disclosures
• Interrogatories (written questions under oath)
• Document production requests (tax returns, bank statements, business records)
• Subpoenas to third parties (banks, employers, financial advisors)
• Depositions
• Forensic accounting investigations, including computer forensics

Concerned About Hidden Assets? We Can Help – Call (248) 825-8042 to Schedule a Confidential Consultation 

If you suspect your spouse may be hiding assets, early action is critical. Contact Hermiz Law at 248-825-8042 to discuss your concerns with an experienced Michigan divorce attorney.

Michigan Prenuptial Agreements: Protection and Limitations

Prenuptial agreements are enforceable in Michigan under Rinvelt v. Rinvelt, 190 Mich App 372 (1991), if:

• In writing and signed by the parties
• Entered voluntarily without fraud, mistake, or duress
• Full financial disclosure provided
• Fair and not unconscionable when executed, with circumstances not having changed drastically

Critical Michigan development: In Allard v. Allard, 318 Mich App 583 (2017), the court held that parties cannot waive the court’s statutory power to invade separate property for contribution or need. Such waivers in prenuptial agreements are void as against public policy.

This means even valid prenuptial agreements may not provide absolute protection for separate property in Michigan—a critical consideration for anyone entering marriage with significant assets.

Choosing Your Michigan High Net Worth Divorce Attorney

Essential qualifications to look for:

• Substantial experience handling Michigan high-asset divorces
• Deep understanding of Michigan’s equitable distribution framework and Sparks factors
• Familiarity with Michigan case law, including Allard and its implications
• Knowledge of Michigan Child Support Formula provisions for high-income families
• Established relationships with forensic accountants and business valuators

Key vetting questions to ask:

• How many Michigan high net worth divorces have you handled?
• Can you explain how Michigan’s equitable distribution differs from community property states?
• What’s your experience with the Allard decision and separate property invasion?
• Who are the forensic accountants and business valuators in your network?
• What percentage of your practice is dedicated to Michigan family law?

Frequently Asked Questions: Michigan High Net Worth Divorce

Is Michigan a community property or equitable distribution state?

Michigan follows equitable distribution, NOT community property. Courts divide marital property fairly but not necessarily equally, applying Sparks factors to determine the appropriate division.

Can a judge override my prenuptial agreement in Michigan?

Yes. Under the Allard decision, Michigan courts retain statutory power to invade separate property for suitable support or when the claiming spouse contributed to the asset, even when a prenuptial agreement purports to waive these rights.

What are the penalties for hiding assets in a Michigan divorce?

Michigan courts can award 100% of concealed assets to the innocent spouse, order the hiding spouse to pay attorney fees and forensic accounting costs, and treat dissipated assets as part of the marital estate.

How is spousal support calculated in Michigan?

Michigan has no statutory formula for spousal support. Judges exercise complete discretion, considering fourteen factors including marriage length, earning abilities, standard of living, health, age, and conduct of the parties.

Contact Hermiz Law for Your Michigan High Net Worth Divorce | Call (248) 825-8042

Attorney Madana Hermiz brings focused expertise to complex Michigan divorces, having been recognized as a Super Lawyers Rising Star and among Top Women Attorneys in Michigan. We serve clients throughout Oakland, Wayne, and Macomb counties from our Troy office at 5960 Livernois Road.

We provide strategic counsel on:

• Equitable distribution and property division
• Business valuation and division
• Spousal support negotiation
• Prenuptial agreement enforcement
• Retirement account division and QDROs
• Complex discovery and hidden asset investigations

Call 248-825-8042 to schedule your confidential consultation. Early legal guidance can make a significant difference in protecting your assets and securing your financial future.

Serving The Following Communities

Contact Hermiz Law

Phone: (248) 825-8042
Office: 5960 Livernois Road, Troy, MI 48098

Click Here to Book an Appointment!