Cheltenham Law, PLLC Cheltenham Law, PLLC 2026-07-21T08:59:33Z https://www.cheltenhamlaw.com/feed/atom/ WordPress /wp-content/uploads/sites/1104877/2022/10/cropped-favicon-32x32.png On Behalf of Cheltenham Law, PLLC <![CDATA[Why a Michigan prenup makes sense for second marriages]]> https://www.cheltenhamlaw.com/?p=256674 2026-07-21T08:59:33Z 2026-07-21T08:57:25Z Avoiding financial disputes in a second marriage Michigan uses equitable distribution laws. The court divides marital property and debts fairly, but not always equally. Couples often disagree about property they owned before the marriage. They may disagree about whether to divide a home, businesses or investments. Prenuptial agreements solve complicated financial disputes in second marriages by:
  • Protecting inheritance: States how the couple will handle property and money if the marriage ends. It also helps ensure that the family assets pass to the children from past relationships instead of to the new partner. Without a prenup, your new spouse may inherit your wealth instead of your children.
  • Preserving separate property: Lets each spouse keep their property, investments and retirement savings they owned before marriage.
  • Managing debts: Explains who will pay existing loans and handle other debts.
A Michigan court may review a prenup during a divorce or after a spouse’s death. A prenup cannot decide future child support, child custody or parenting time. The best interests of the child are the most important factor in making this decision. The court usually enforces an agreement if both spouses signed voluntarily and shared complete financial information. If either party hides important information, the court may reject the agreement.

Protect your assets through a prenup

A prenuptial agreement can provide clarity and security for couples starting a second marriage. It protects property, provides for children from previous relationships and reduces the risk of legal disputes later on. Be sure to prepare the agreement well before the wedding. Both spouses should share complete financial information before signing it.]]> On Behalf of Cheltenham Law, PLLC <![CDATA[What should Michigan couples know about dividing stocks during divorce?]]> https://www.cheltenhamlaw.com/?p=256669 2026-07-14T17:52:33Z 2026-07-14T17:52:33Z How are stocks divided? Michigan follows the principle of equitable distribution when dividing marital property. Courts might classify stocks acquired during the marriage as marital assets and divide those investments in several ways, including:
  • Transferring some or all shares from one spouse to the other
  • Allowing one spouse to keep the stock while offsetting its value with other marital assets
  • Selling the shares and dividing the proceeds between the spouses
The approach depends on the circumstances of the case and the overall division of the marital estate.

What can affect a stock portfolio's value?

Unlike many other assets, stock values can change from day to day. A portfolio that has one value when divorce proceedings begin may be worth more or less by the time it comes to dividing marital property. Market fluctuations are only a part of the picture. Other factors may also affect how stocks are classified and valued during property division, including:
  • Whether the shares were acquired before or during the marriage
  • Dividend reinvestments that increased the number of shares
  • Whether separate stock holdings became mixed with marital investments over time
These details can affect how courts classify and value stock assets during the property division process.

Do all stock-related assets require the same review?

Employees receive some stock-related assets directly from their employers rather than through a brokerage account. Some employees receive stock options or restricted stock units (RSUs) as part of their compensation. Because these awards may be subject to vesting schedules or future employment requirements, they often require additional analysis during a divorce. Tax consequences may also become part of the discussion. For example, selling appreciated stock can create different financial consequences than transferring ownership as part of a divorce settlement.

Why can dividing stocks become more complicated?

When stocks make up a significant portion of the marital estate, dividing them often involves more than determining the number of shares each spouse receives. Knowing how stock assets are classified, valued and transferred can help spouses make informed decisions during the property division process.]]> On Behalf of Cheltenham Law, PLLC <![CDATA[Student loans and prenups: What couples need to know]]> https://www.cheltenhamlaw.com/?p=256665 2026-06-24T14:10:50Z 2026-06-24T14:10:50Z How can a prenup address student loan debt? A prenuptial agreement can help couples have a clear expectation about finances before getting married. A prenup can help identify which debts belong to each person and clarify responsibility for those debts if the marriage ends. This may include a student loan that one spouse has taken out before getting married. For example, a prenup may state that a student loan taken by one spouse before the wedding will be that spouse’s responsibility in case of divorce.

What are the limits of a prenup?

A prenup can help spouses define financial responsibility among them, but it generally cannot change the lender’s rights. A student loan lender may still look for the borrower who signed for the loan, regardless of what a prenup says. Prenuptial agreements also cannot resolve future issues such as child custody or child support. Courts generally make those decisions according to the circumstances at the time of divorce.

Why does discussing debt before marriage help?

Some people associate prenups only with valuable assets. However, debt can be just as important to discuss as property. Having an open conversation about student loans, financial goals and future expectations can help the couple avoid future misunderstandings. A well-drafted plan can help provide clarity and help the spouses understand their financial responsibility in the future. Every couple’s financial situation is different. Knowing how a prenup can address student loan debt may help couples enter marriage with a clearer understanding of their financial responsibilities and future goals.]]> On Behalf of Cheltenham Law, PLLC <![CDATA[Factors that Michigan courts consider in child custody cases]]> https://www.cheltenhamlaw.com/?p=256659 2026-06-16T12:59:31Z 2026-06-16T12:59:31Z The 12 best interest factors under Michigan law Courts typically evaluate and make findings on each of the following factors to ensure a comprehensive analysis of the child's circumstances:
  1. Emotional ties: The emotional connection, love and affection between each parent and the child.
  2. Capacity for guidance: Each parent’s ability to provide the child with love, affection, education and proper guidance.
  3. Ability to meet the child’s needs: The capacity of each parent to provide the child with food, clothing, medical care and other essential necessities.
  4. Stable environment: How long the child has lived in a stable and positive home, and why it is desirable to maintain that continuity.
  5. Permanence of home: The relative stability of the family unit within the existing or proposed custodial homes.
  6. Moral fitness: The moral character of each parent is also a factor. However, it only matters if it affects their parenting skills or the child.
  7. Mental and physical health: The stability of the mental and physical well-being of parents, which can determine their capacity to take care of the child.
  8. Child’s record: Overview of the child’s background and their level of adaptation across home, educational and community settings.
  9. Child’s preference: The court will consider the preference of a child, if it deems them mature enough to express one. Although Michigan law sets no specific age, courts generally give more weight to the preferences of older children.
  10. Willingness to foster relationships: The willingness of each parent to help the child have a good and ongoing relationship with the other parent.
  11. Domestic violence: Any history of domestic violence, whether the child witnessed it or was directly harmed.
  12. Other factors: This serves as a catch-all provision. It allows the court to consider any unique elements relevant to a specific case.
The judge weighs these factors collectively rather than simply tallying up which parent “wins” the most categories.

Focusing on the child’s well-being

In complex cases, the court may appoint a professional custody evaluator to interview both parties and review relevant records. Still, whether an evaluator is involved or not, the judge’s final decision is never a mechanical math problem. Instead, the 12 factors are weighed together to serve a single goal: shaping a stable, supportive custody arrangement that allows the child to thrive.]]> On Behalf of Cheltenham Law, PLLC <![CDATA[The professionals you can turn to during a high-asset divorce]]> https://www.cheltenhamlaw.com/?p=256655 2026-06-02T11:10:46Z 2026-06-02T11:10:46Z Financial experts When a divorce involves large assets, it helps to work with a forensic accountant and a certified divorce financial analyst (CDFA). A forensic accountant can find hidden assets and review complicated income sources. When it comes to the long-term effects of a settlement, a CDFA can project how your finances may look 5 to 10 years after the divorce.

Appraisers

Since Michigan is an equitable distribution state, marital assets are divided fairly but always on a 50/50 basis. If you have family business and luxury property, working with a business valuator and a real estate expert can provide an accurate estimation of these assets. Having the correct valuation is critical to ensure fair asset division during the divorce process.

Mental health specialists

During the stress of divorce mediation or court proceedings, a counselor or therapist can help you handle your emotions. They can help you stay focused on making clear decisions and working toward a favorable result, instead of reacting out of anger.

Helping you secure your future

Navigating a high-asset divorce demands a comprehensive understanding of how law and finance intersect. By working with different specialists, your lawyer can help you negotiate a fair settlement from a position backed by data-driven insights. With the right team, you can protect your present interests and long-term financial security.  ]]> On Behalf of Cheltenham Law, PLLC <![CDATA[3 types of assets that need professional valuation during divorce]]> https://www.cheltenhamlaw.com/?p=256653 2026-05-25T12:10:52Z 2026-05-25T12:10:52Z fair market value for those resources and then either work together to settle property division or take the matter to court. Some assets can be very difficult to value, making a professional valuation necessary for a fair outcome, including the three assets below.

1. Real estate holdings

The house where spouses live together, the vacation home they have up north and any investment properties they share can be worth hundreds of thousands of dollars. What spouses paid likely isn't what the home is currently worth. Evaluation by a real estate professional is likely necessary.

2. Businesses and professional practices

If either spouse started, purchased or inherited a business during the marriage, they may need to address the value of the company when they divorce. There are numerous different ways to value a business or professional practice, and spouses often need the guidance of a professional to not only choose the right valuation method but apply it appropriately to the marital estate.

3. Specialty collections

Resources collected during the marriage, either jointly by the spouses or separately by one spouse, may require a professional valuation. Antiques, designer clothing and other high-value personal assets may require professional valuation for spouses to realistically estimate their worth. People who have the right support during the preparation stages of divorce can push for a fair outcome. Knowing what assets are worth is the first step toward a fair property division settlement.]]> On Behalf of Cheltenham Law, PLLC <![CDATA[Can a prenup waive your child support obligation?]]> https://www.cheltenhamlaw.com/?p=256650 2026-05-15T21:29:10Z 2026-05-15T21:29:10Z You are about to get married, and you have decided you want to use a prenuptial agreement. Maybe you are a business owner, and you want to ensure that your business is protected from a potential divorce in the future. Maybe you have far more assets than your prospective spouse, so you are just trying to keep them in your own name. But you are also conscious of future financial obligations. Perhaps you and your partner have talked about having children. If there is a divorce, you know it is likely that you will have to pay child support. Could you use the prenup to waive this obligation?

Child support cannot be adjusted in a prenup

No, you cannot use a prenup to make any decisions regarding child support, just like you cannot use it to address child custody. The key thing to remember is that child support is not for your partner, but for the child. It is meant to provide for their needs and uphold their standard of living. Therefore, even if your spouse agreed to it, they cannot allow you to waive this obligation because they would then be making the decision on your future child’s behalf. Additionally, divorce courts will look at the child’s best interests when determining things like custody or support. This cannot be determined in advance, before the child has even been born. A prenuptial agreement that includes these provisions would not be binding.

Using prenups properly

Prenuptial agreements can be very helpful and can protect your assets, but you can see why it is so important to understand how to use them correctly and what legal options you have.  ]]> On Behalf of Cheltenham Law, PLLC <![CDATA[Can the courts stop a parent from moving after a divorce?]]> https://www.cheltenhamlaw.com/?p=256648 2026-04-30T08:53:35Z 2026-04-30T08:53:35Z A modification could help Michigan does restrict relocations in shared custody scenarios. However, those restrictions apply to relocations that change the children's primary address and involve a move 100 miles or more away from their current residence. A parent who only has visitation or limited parenting time could relocate, although doing so could have an impact on their custody order. They may need to discuss a modification with their co-parent that allows them to take the children for extended periods over the holidays and their summer vacation from school. Parents may be able to work out a new arrangement amicably, or the matter may require the involvement of a family law judge. The courts typically can't prevent one parent from leaving the state if they do not intend to take their children with them. Understanding the rules that govern parental relocations in a shared custody scenario can help parents take appropriate steps for their own protection. Moving away is often possible, even when sharing custody.]]> On Behalf of Cheltenham Law, PLLC <![CDATA[The link between marriage age and divorce odds]]> https://www.cheltenhamlaw.com/?p=256646 2026-04-13T19:23:57Z 2026-04-13T19:23:57Z You may have heard people caution against marrying too young. They often warn that many of these young marriages ultimately end up in divorce. Parents may tell their young adult children to wait longer, for example, before tying the knot.  But are there any statistics to back this up? Is it a real phenomenon that can be tracked, or is it just something that people have repeated so often that they now believe it?

Tracking the ideal marriage age

It is important to note that overall statistics cannot necessarily be applied to every individual marriage. For example, there are statistics showing that young marriages are more likely to end in divorce, but there are also plenty of people who get married at a relatively young age and stay married. Every marriage is unique.  What the statistics find, however, is that the ideal marriage age is typically 32. Divorce odds climb by roughly 11% for every year before that. As such, getting married at 18 is much more likely to lead to divorce, though it is not guaranteed. However, waiting past the age of 32 means that the odds of divorce start to go back up again. They do not rise quite as quickly. Instead, they go up by roughly 5% per year. Getting married at 35 is slightly more likely to lead to divorce than getting married at 32.

Navigating a divorce

Do you believe that your marriage is headed for a divorce this year? If so, it is important to understand all of your legal rights and obligations when it comes to property division, child custody schedules and more.  ]]> On Behalf of Cheltenham Law, PLLC <![CDATA[Addressing deferred compensation in a high-asset divorce]]> https://www.cheltenhamlaw.com/?p=256644 2026-03-27T14:27:51Z 2026-03-27T14:27:51Z Is deferred compensation divisible in a divorce? From a legal standpoint, deferred compensation is often subject to division during divorce proceedings. Any income earned during the marriage is potentially marital property. However, from a practical standpoint, deferred compensation may not be available to divide when the divorce occurs. Deferred compensation could include stock options that may not be available for several more years. The compensation package could also include bonuses for long-term retention of a position or meeting critical job performance goals. Spouses may need support determining what portion of the deferred compensation is subject to division. They may also need assistance determining a reasonable value for the deferred compensation. Especially in cases where workers may have the future right to acquire stock or the bonus they may later receive depends on their job performance, accurately estimating the value of deferred compensation can become a hurdle. Spouses may have to employ creative solutions to effectively offset the value of deferred compensation as part of a property division settlement. People preparing for high-asset divorces often need assistance as they evaluate marital resources and set goals for the process ahead. Deferred compensation is one of many stumbling blocks that can complicate the property division process otherwise.]]>