A bill to amend 1909 PA 259, entitled “An act to provide that judgments of divorce and judgments of separate maintenance shall make provision in satisfaction of the claims of the wife in the property of the husband and in satisfaction of the claims of the husband and wife in contracts of insurance and annuity upon the life of the husband or wife, and in satisfaction of claims of the husband and wife in or to any pension, annuity, retirement allowance, or accumulated contributions in any pension, annuity, or retirement system, including any rights or contingent rights in and to unvested pension, annuity, or retirement benefits; and to change the tenure of lands owned by husband and wife in case of divorce, and to provide for the disposition or partition of such lands or the proceeds thereof,” by amending sections 1 and 2 (MCL 552.101 and 552.102), section 1 as amended by 2016 PA 378.
House Bill No. 4791 seeks to amend the 1909 PA 259, specifically targeting the distribution of property, insurance, annuity, pension, and retirement benefits in divorce or separate maintenance cases. It outlines that judgments must address the rights to life insurance, endowment, or annuity policies, and the distribution of pension, annuity, or retirement benefits, including vested, unvested, and accumulated contributions. For actions filed on or after September 1, 2006, it mandates the inclusion of a proportionate share of all benefits components in the assignment, unless explicitly excluded. Additionally, the bill changes the status of spouses owning real estate jointly to tenants in common post-divorce, unless the divorce judgment decides otherwise. The enactment of this bill is contingent upon the approval of either Senate Joint Resolution ____ or House Joint Resolution F of the 102nd Legislature as part of the state constitution of 1963.
Introduced
by
Referred to the Committee on Government Operations
