Bill Text: MI HB6050 | 2019-2020 | 100th Legislature | Introduced

Michigan House Bill 6050 (Prior Session Legislation)

Introduced

Bill Title: 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).

Spectrum: Partisan Bill (Democrat 11-0)

Status: (Introduced - Dead) 2020-08-12 - Bill Electronically Reproduced 08/06/2020 [HB6050 Detail]

Download: Michigan-2019-HB6050-Introduced.html

HOUSE BILL NO. 6050

August 06, 2020, Introduced by Reps. Yancey, Hoadley, Brixie, Hood, Ellison, Koleszar, Kuppa, Brenda Carter, Warren, Sowerby and Rabhi and referred to the Committee on Government Operations.

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.

the people of the state of michigan enact:

Sec. 1. (1) Each judgment of divorce or judgment of separate maintenance shall determine all rights of the wife spouse in and to the proceeds of any policy or contract of life insurance, endowment, or annuity upon the life of the husband his or her spouse in which the wife spouse was named or designated as beneficiary, or to which the wife spouse 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 spouse in and to a policy of life insurance, endowment, or annuity, the policy shall be payable to the estate of the husband his or her spouse or to the named beneficiary if the husband his or her spouse so designates. The company issuing the policy is 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, 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.

(2) 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. The company issuing the policy is 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, 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.

(2) (3) Each judgment of divorce or judgment of separate maintenance shall determine all rights, including any contingent rights, of the husband and wife spouses 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.

(3) (4) For any divorce or separate maintenance action filed on or after September 1, 2006, 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 applies 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.

Sec. 2. Every husband and wife Spouses owning real estate as joint tenants or as tenants by entireties shall, upon being divorced, become tenants in common of such that real estate, unless the ownership thereof of that real estate is otherwise determined by the decree of divorce.

Enacting section 1. This amendatory act does not take effect unless Senate Joint Resolution _____ or House Joint Resolution T (request no. 02690'19) of the 100th Legislature becomes a part of the state constitution of 1963 as provided in section 1 of article XII of the state constitution of 1963.