Revised Statutes of 1846
R.S. of 1846
552.18 Rights or contingent rights in and to vested or unvested benefits or accumulated contributions as part of marital estate subject to award by court; amendment of court order to satisfy requirements of eligible domestic relations order.
Sec. 18.
(1) Any rights in and to vested pension, annuity, or retirement benefits, or accumulated contributions in any pension, annuity, or retirement system, payable to or on behalf of a party on account of service credit accrued by the party during marriage shall be considered part of the marital estate subject to award by the court under this chapter.
(2) Any rights or contingent rights in and to unvested pension, annuity, or retirement benefits payable to or on behalf of a party on account of service credit accrued by the party during marriage may be considered part of the marital estate subject to award by the court under this chapter where just and equitable.
(3) Upon motion of a party or upon consent of the parties, an order of the court under this section entered before the effective date of the amendatory act that added this subsection shall be amended to satisfy the requirements of an eligible domestic relations order and to effectuate the intent of the parties or the ruling of the court. As used in this subsection, "eligible domestic relations order" means a domestic relations order that is an eligible domestic relations order under the eligible domestic relations order act.
History: Add. 1985, Act 43, Imd. Eff. June 13, 1985 ;-- Am. 1991, Act 86, Imd. Eff. July 18, 1991
Compiler's Notes:
Former MCL 552.18, pertaining to disposition of real estate to wife, was repealed by 1971, Act 75, Eff. Jan. 1, 1972.
PopularName Notes:
No-Fault Divorce
Notes of Decisions
Cited in
50
cases (
10 in the last 5 years), 1966–2026 · leading case:
Kurz v. Kurz, 443 N.W.2d 782 (Mich. Ct. App. 1989).
Kurz v. Kurz, 443 N.W.2d 782 (Mich. Ct. App. 1989).
· cites it 12× “MCL 552.18(1); MSA 25.98(1) provides: Any rights in and to vested pension, annuity, or *292 retirement benefits, or accumulated contributions in any pension, annuity, or retirement system, payable to or on behalf of a party on account of service credit accrued by the party…”
Kilbride v. Kilbride, 432 N.W.2d 324 (Mich. Ct. App. 1988).
· cites it 8× “Plaintiff argues that the first eight statutes allowed trial courts to *435 reach state employees’ retirement plans by providing that benefits from such plans "shall be subject to award by a court pursuant to section 18 of chapter 84 of the Revised Statutes of 1846, being…”
Nat'l Pride at Work, Inc v. Governor, 748 N.W.2d 524 (Mich. 2008).
· cites it 4× “204; the right to pension and retirement benefits accrued during the marriage, MCL 552.18; the right to claim an exemption on taxes for spousal inheritance, MCL 205.”
Pickering v. Pickering, 706 N.W.2d 835 (Mich. Ct. App. 2005).
· cites it 2× “MCL 552.18(1); Vander Veen v Vander Veen, 229 Mich App 108, 110-111 ; 580 NW2d 924 (1998).”
Lesko v. Lesko, 457 N.W.2d 695 (Mich. Ct. App. 1990).
· cites it 4× “MCL 552.18(1); MSA 25.98(1) states: Any rights in and to vested pension .”
Burkey v. Burkey, 471 N.W.2d 631 (Mich. Ct. App. 1991).
· cites it 4× “MCL 552.18; MSA 25.98. After determining its value, the trial court shall make an appropriate distribution of the ESOP asset.”
Charlton v. Charlton, 243 N.W.2d 261 (Mich. 1976).
· cites it 2× “MCLA 552.18; MSA 25.98 was repealed which gave special rights to the wife.”
In Re Combs, 435 B.R. 467 (Bankr. E.D. Mich. 2010).
· cites it 3× “§ 552.18, to the EDRO Act, and “to any other domestic relations order of a court pertaining to alimony or child support.”
Boonstra v. Boonstra, 531 N.W.2d 777 (Mich. Ct. App. 1995).
· cites it 3× “3 The court determined that even though it erred in granting the postdivorce contributions, it did have jurisdiction to make the grant on the basis of MCL 552.18(1); MSA 25.98(1). Accordingly, it found its judgment voidable, not void, and determined that plaintiffs attack on the…”
Sommerville v. Sommerville, 417 N.W.2d 574 (Mich. Ct. App. 1987).
· cites it 22× “The motion was heard by a referee, who ordered the Department of Treasury to pay from plaintiff's pension $375 per month until the obligation was paid in full.”
Vander Veen v. Vander Veen, 580 N.W.2d 924 (Mich. Ct. App. 1998).
· cites it 2× “In Michigan, the divorce code specifically states that rights to a vested pension are part of the marital estate: Any rights in and to vested pension, annuity, or retirement benefits, or accumulated contributions in any pension, annuity, or retirement system, payable to or on…”
— Mich. Comp. Laws § 552.18(1) — 32 cases
Kurz v. Kurz, 443 N.W.2d 782 (Mich. Ct. App. 1989).
“MCL 552.18(1); MSA 25.98(1) provides: Any rights in and to vested pension, annuity, or *292 retirement benefits, or accumulated contributions in any pension, annuity, or retirement system, payable to or on behalf of a party on account of service credit accrued by the party…”
Kilbride v. Kilbride, 432 N.W.2d 324 (Mich. Ct. App. 1988).
“Plaintiff argues that the first eight statutes allowed trial courts to *435 reach state employees’ retirement plans by providing that benefits from such plans "shall be subject to award by a court pursuant to section 18 of chapter 84 of the Revised Statutes of 1846, being…”
Pickering v. Pickering, 706 N.W.2d 835 (Mich. Ct. App. 2005).
“MCL 552.18(1); Vander Veen v Vander Veen, 229 Mich App 108, 110-111 ; 580 NW2d 924 (1998).”
Lesko v. Lesko, 457 N.W.2d 695 (Mich. Ct. App. 1990).
“MCL 552.18(1); MSA 25.98(1) states: Any rights in and to vested pension .”
Boonstra v. Boonstra, 531 N.W.2d 777 (Mich. Ct. App. 1995).
“3 The court determined that even though it erred in granting the postdivorce contributions, it did have jurisdiction to make the grant on the basis of MCL 552.18(1); MSA 25.98(1). Accordingly, it found its judgment voidable, not void, and determined that plaintiffs attack on the…”
— Mich. Comp. Laws § 552.18(2) — 6 cases
Burkey v. Burkey, 471 N.W.2d 631 (Mich. Ct. App. 1991).
“MCL 552.18; MSA 25.98. After determining its value, the trial court shall make an appropriate distribution of the ESOP asset.”
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