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34 J. Am. Acad. Matrimonial Law. 493 (2021-2022)
Analyzing Whether a Property Distribution Is Equitable and Moving toward Equity in Property Division

handle is hein.journals/jaaml34 and id is 521 raw text is: Equity in Property Division Analyzing Whether a Property Distribution Is Equitable and Moving Toward Equity in Property Division by Liisa R. Speaker1 (with special credit to Mariah C. Ausbury2) In divorce, the property division is based on the common idea that marriage consists of an equal partnership with contribu- tions from both spouses.3 States that choose to follow this con- cept find that each spouse has an equal claim to the marital property at stake for division. Due to the equal claim idea, courts tend to focus more on what constitutes a fair distribution rather than simply dividing the assets in half.4 Courts that follow equita- ble distribution will typically include a list of factors to consider in dividing property.5 However, the first task is to determine whether a particular state is an equitable distribution state or an all-property state. The case study included in this article shows a combination of errors that trial courts commonly make in their property distri- bution decisions. From a family law appellate attorney perspec- tive, it is apparent that there needs to be a better system in place in order to track and fix these errors before they occur. Property division mistakes are often seen on appeal because trial courts are not accurately tracking what they are awarding each party 1 Liisa R. Speaker is the owner and lead attorney of Speaker Law Firm, PLLCV in Lansing, Michigan and a Fellow of the American Academy of Matri- monial Lawyers. Speaker Law Firm is an appellate boutique firm focusing pri- marily on family law appeals. 2 Mariah C. Ausbury is a third-year law student at Michigan State Uni- versity College of Law and a law clerk at Speaker Law Firm, PLLC. 3 See Sarah C. Acker, All's Fair in Love and Divorce: Why Divorce At- torney's Fees Should Constitute A Dissipation of Marital Assets in Order to Re- tain Equity in Marital Property Distributions, 15 AM. U.J. GENDER Soc. POL'Y & L. 147, 151 (2006). 4 Id. (These jurisdictions focus on what constitutes an equitable or 'fair' distribution of property as opposed to simply dividing the assets in half.). 5 See, e.g., Valante v. Valante, 429 A.2d 964, 966 (Conn. 1980); Sparks v. Sparks, 485 N.W.2d 893, 901 (Mich. 1992). Vol. 34, 2022 493

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