REQUEST FOR PROPERTY DIVISION OF SON’S ASHES DENIED BY COURT

Disputes in divorce cases can tend to go over and beyond the norm of human conflict. In Michigan and throughout the country, a bitterly fought divorce can lead to an escalation of hostility that creates disputes not often seen in normal human relations. In one extremely bitter case, the parties are disputing the husband’s request for a  property division  order dividing up the ashes of the couple’s son.

The facts of the case are tragic and unusual. The couple’s son was killed by a hit-and-run driver two years ago. The driver turned out to be a wealthy businessman who was apprehended, prosecuted and sentenced to 16 years in prison. That case is pending appeal, but in a civil suit against him, each of the parents obtained a multi-million dollar recovery.

The divorce battles between them have included husband’s request to stop having to pay alimony due to his wife’s recovery of at least $15 million from the civil lawsuit. The court granted the petition and terminated the alimony. Additionally, the couple has squabbled over marital property.

For example, the husband filed for copies of family videos and for return of his baseball card collection. He wanted to list the joint home for $1.6 million but his wife insisted on a price of $2.3 million, which exceeded market value. And recently, husband made the request to have their son’s ashes divided up between them.

In support of the request, he put on testimony by a funeral director who stated that about half of his funerals involve requests for division of a decedent’s ashes. In this case, each spouse has a different resting place for the son’s ashes in separate states. However, the Florida judge hearing the case denied the motion in expressing his belief that human ashes are not marital property to be treated like a bank account or monetary funds

In Michigan, property division issues in a divorce are decided by a number of considerations that attempt to find parity between the parties. There is no cut and dry rule that can provide a formula for dividing the marital property. The property must be fully revealed, valued and divided according to the equities determined by all of the facts.

Source: cbs12.com, “Bitter Divorce Grabs Spotlight For Parents Of Goodman Victim,” Ben Wolford, Feb. 1, 2013