Allard v. Allard

Modern Michigan Court of Appeals holding that even a properly drafted prenup cannot strip a Michigan divorce court of its statutory equitable powers to invade separate property.

Why this case matters

Allard is the cautionary modern Michigan case showing that well-drafted prenups have a ceiling. For high-net-worth Michigan readers, the case is a warning that complete asset protection is not possible by contract alone — and that planning for support is essential.

The facts

The Allards' prenup attempted to keep each spouse's separate property fully insulated from any equitable invasion by a divorce court. On remand from the Michigan Supreme Court, the Court of Appeals considered whether parties could contract around the court's statutory powers under MCL 552.23(1) and MCL 552.401.

The holding

The court held that parties cannot, even by a properly drafted prenup, strip a Michigan divorce court of its statutory equitable powers to invade separate property when the other spouse's award is insufficient for suitable support. The prenup was otherwise valid; the statutory invasion remedy was preserved.

What it means for you

• Michigan prenups have a built-in ceiling: courts retain equitable invasion power regardless of contract terms.
• A spouse left without "suitable support" can ask a Michigan court to invade the other's separate property — even where the prenup explicitly waives that right.
• This makes Michigan less prenup-friendly than UPAA states for high-asymmetry agreements.
• Drafters should plan for the invasion-power floor, not assume the contract overrides it.

Primary source

The full opinion is available at: https://law.justia.com/cases/michigan/court-of-appeals-published/2017/329685.html

Michigan prenup law in context

Michigan prenups are governed by No unified statute; common law per Rinvelt v. Rinvelt — official statute text. For the full cost breakdown, attorney rate ranges, and procedural requirements, see the Michigan prenup cost guide.

To check whether your specific situation has the kind of risks Allard v. Allard identifies, take the 60-second prenup quiz — it applies Michigan-specific rules to your answers.

A note on legal citation

This page summarizes a published court opinion for educational purposes. We aim for accuracy but recommend reading the primary source linked above for the controlling text. Court opinions can be modified, distinguished, or overruled by later decisions; for current law, consult a family law attorney licensed in Michigan.