HB-5953, As Passed House, May 9, 2006
April 19, 2006, Introduced by Reps. Schuitmaker and Lipsey and referred to the Committee on Judiciary.
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 section 1 (MCL 552.101), as amended by 1985 PA 42.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. (1) When any judgment of divorce or judgment of
separate
maintenance is granted in any of the courts of this state,
it
shall be the duty of the court granting the judgment to
shall
include in it a provision in lieu of the dower of the wife in the
property
of the husband, which provision shall be in full
satisfaction of all claims that the wife may have in any property
which
that the husband owns or may own in the future ,
or in
which he may have any interest.
(2) Each judgment of divorce or judgment of separate
maintenance shall determine all rights of the wife in and to the
proceeds of any policy or contract of life insurance, endowment, or
annuity upon the life of the husband in which the wife was named or
designated as beneficiary, or to which the wife became entitled by
assignment or change of beneficiary during the marriage or in
anticipation of marriage. If the judgment of divorce or judgment of
separate maintenance does not determine the rights of the wife in
and to a policy of life insurance, endowment, or annuity, the
policy shall be payable to the estate of the husband or to the
named beneficiary if the husband so designates. However, the
company issuing the policy shall be discharged of all liability on
the policy by payment of its proceeds in accordance with the terms
of
the policy , unless before the payment the company receives
written notice, by or on behalf of the insured or the estate of the
insured, or
1 of the heirs of the insured, or any other person
having an interest in the policy, of a claim under the policy and
the divorce.
(3) Each judgment of divorce or judgment of separate
maintenance shall determine all rights of the husband in and to the
proceeds of any policy or contract of life insurance, endowment, or
annuity upon the life of the wife in which the husband was named or
designated as beneficiary, or to which he became entitled by
assignment or change of beneficiary during the marriage or in
anticipation of marriage. If the judgment of divorce or judgment of
separate maintenance does not determine the rights of the husband
in and to the policy of life insurance, endowment, or annuity, the
policy shall be payable to the estate of the wife, or to the named
beneficiary if the wife so designates. However, the company issuing
the policy shall be discharged of all liability on the policy by
payment of the proceeds in accordance with the terms of the policy
,
unless before the payment the company receives
written notice,
by
or on behalf of the insured or the estate of the insured, or
1
of the heirs of the insured, or any other person having an interest
in the policy, of a claim under the policy and the divorce.
(4) Each judgment of divorce or judgment of separate
maintenance shall determine all rights, including any contingent
rights, of the husband and wife in and to all of the following:
(a) Any vested pension, annuity, or retirement benefits.
(b) Any accumulated contributions in any pension, annuity, or
retirement system.
(c) Any
right or contingent right in and to In accordance
with section 18 of 1846 RS 84, MCL 552.18, any unvested pension,
annuity, or retirement benefits.
(5) If a judgment of divorce or judgment of separate
maintenance provides for the assignment of any rights in and to any
pension, annuity, or retirement benefits, a proportionate share of
all components of the pension, annuity, or retirement benefits
shall be included in the assignment unless the judgment of divorce
or judgment of separate maintenance expressly excludes 1 or more
components. Components include, but are not limited to,
supplements, subsidies, early retirement benefits, postretirement
benefit increases, surviving spouse benefits, and death benefits.
This subsection shall apply regardless of the characterization of
the pension, annuity, or retirement benefit as regular retirement,
early retirement, disability retirement, death benefit, or any
other characterization or classification, unless the judgment of
divorce or judgment of separate maintenance expressly excludes a
particular characterization or classification.