Are any assets 100% protected during divorce in MI?

Question

I am in Michigan and have been married for 18 years. Are there any assets that are 100% protected during a divorce settlement, that can't be awarded by a judge? There is no pre-nup or any agreements in place. Additionally, if there are assets considered protected but a judge awards them, how could I go about retrieving those assets?

James L. Arrasmith · Answer

In Michigan, very few assets are truly 100% protected during a divorce. Assets you owned before the marriage, inheritances, and gifts given directly to you (and kept separate) are generally considered separate property. However, even those can become subject to division if they were commingled with marital assets, appreciated significantly during the marriage due to joint efforts, or if the court finds it necessary for fairness. 
 
Michigan is an equitable distribution state, meaning the judge divides property based on what’s fair, not necessarily equal. So even separate assets can sometimes be awarded to the other spouse, especially in long-term marriages or when there's a large imbalance in income or resources. Judges have broad discretion, and no asset is automatically off-limits just because of its origin. 
 
If a judge awards part of an asset you believed was protected, your recourse is to appeal the decision. That process has strict timelines and requires a strong legal basis—such as an error in applying the law. It’s important to prepare early, keep records showing how separate assets were maintained, and avoid mixing them with marital funds to increase the chance they remain protected.

Q: Are any assets 100% protected during divorce in MI?