Family law: marriage and divorce; certain references in judgments of divorce; make gender neutral. Amends secs. 1 & 2 of 1909 PA 259 (MCL 552.101 & 552.102). TIE BAR WITH: HJR F'25
HB4622 amends Michigan’s divorce and separate-maintenance statute to replace gendered references to “wife” and “husband” with gender-neutral references to “spouse” throughout the affected sections. The bill keeps the core framework of the law intact, but clarifies that both spouses’ rights in life insurance, endowment, and annuity proceeds must be addressed in a divorce or separate-maintenance judgment. If the judgment does not address those rights, the policy proceeds default to the insured spouse’s estate or named beneficiary, subject to notice requirements to the insurer.
The bill also continues to require divorce judgments to determine each spouse’s rights in vested pension, annuity, retirement benefits, accumulated contributions, and certain unvested benefits. It preserves the rule that, when retirement benefits are divided, the assignment must include a proportionate share of all components unless the judgment expressly excludes specific components such as supplements, subsidies, early retirement benefits, postretirement increases, surviving spouse benefits, or death benefits. In addition, the bill restates the rule that real estate held by spouses as joint tenants or by the entirety becomes a tenancy in common upon divorce unless the decree provides otherwise.
The bill’s practical legal effect is mainly stylistic and clarifying rather than substantive: it modernizes the statute to use gender-neutral language while maintaining existing divorce-property division rules. It would affect family law practitioners, divorcing spouses, insurers, and courts by updating the wording used in judgments and by confirming that the same property-distribution rules apply regardless of the spouses’ gender.
The general sentiment reflected in the bill text and caption is neutral to supportive, with the measure presented as a technical modernization of outdated statutory language. There is no committee transcript or recorded vote history provided, so no direct evidence of opposition or debate is available in the supplied materials. The main point of attention is the bill’s tie-bar to a related constitutional amendment resolution, meaning it would not take effect unless that companion proposal becomes part of the Michigan Constitution.
HB4622 would amend MCL 552.101 and 552.102, Michigan’s divorce and separate-maintenance property-division provisions, by replacing gender-specific terms with gender-neutral language and reaffirming how courts must allocate life insurance, annuity, pension, retirement, and real property interests upon divorce. It would not create a new substantive property right, but it would update the statutory text governing divorce judgments and the default treatment of certain assets when a judgment is silent. The bill is contingent on adoption of a related constitutional amendment resolution tied to the measure.
The available materials suggest a generally neutral, technical, and likely supportive sentiment toward the bill. The caption frames it as a gender-neutral cleanup of family-law references, and the text largely preserves existing divorce-property rules rather than changing policy outcomes. No committee testimony or votes are included, so there is no documented opposition or support from stakeholders in the provided record.
The primary potential point of contention is the bill’s tie-bar to a constitutional amendment resolution, which makes enactment contingent on separate constitutional action. Beyond that, the bill’s changes appear largely noncontroversial and stylistic, focused on gender-neutral terminology rather than altering the underlying division of insurance, retirement, or real property in divorce. Because no committee discussion or vote record is provided, no specific stakeholder objections are identifiable from the supplied materials.