We Put Your Needs First. Get On The Path To Results Today.

(810) 798-2545

Law Offices of Steve Schneider & Associates,PLC
Law Offices of Steve Schneider & Associates,PLC
  • Home
  • Practice Areas
    • Practice Areas
    • Child Custody
    • Divorce
    • Spousal Support
    • Estate Planning
    • Will vs Trust
    • Estate Administration
    • Estate & Trust Litigation
  • About the Attorney
  • Testimonials
  • About Us
  • Forms
    • Child Custody Forms
    • PARENTING TIME HANDBOOKS
  • More
    • Home
    • Practice Areas
      • Practice Areas
      • Child Custody
      • Divorce
      • Spousal Support
      • Estate Planning
      • Will vs Trust
      • Estate Administration
      • Estate & Trust Litigation
    • About the Attorney
    • Testimonials
    • About Us
    • Forms
      • Child Custody Forms
      • PARENTING TIME HANDBOOKS

(810) 798-2545

  • Sign In

  • My Account
  • Signed in as:

  • filler@godaddy.com


  • My Account
  • Sign out


Signed in as:

filler@godaddy.com

  • Home
  • Practice Areas
    • Practice Areas
    • Child Custody
    • Divorce
    • Spousal Support
    • Estate Planning
    • Will vs Trust
    • Estate Administration
    • Estate & Trust Litigation
  • About the Attorney
  • Testimonials
  • About Us
  • Forms
    • Child Custody Forms
    • PARENTING TIME HANDBOOKS

Account


  • My Account
  • Sign out


  • Sign In
  • My Account

Spousal support

A Guide to Spousal Support in Michigan

 The legal process of divorce in Michigan is governed by a set of state family law statutes that detail every aspect of marital dissolution — from child custody, visitation and child support to division of property between parting spouses. Regardless of the presence of children in the marriage, a party may also want to consider whether the other spouse should be obligated to pay spousal support. Spousal support is paid by one ex-spouse to the other based on various considerations enumerated below. The primary objective of spousal support is to assess the income and needs of both parties to ensure that divorce will not impoverish either of them.


Michigan's divorce statute bases spousal support eligibility on a determination of whether the marital property awarded to either party is insufficient for the "suitable support and maintenance" of either the husband or wife and any children in his or her custodial care. If deemed insufficient, a Michigan family law court has discretion to award spousal support in a lump sum or distributed periodically. 

 

How Does the Court Decide on the Amount of Spousal Support?

 

The Michigan Supreme Court has stated that the following factors can be considered by a court in determining the amount of spousal support to be awarded:

  • Past relations and conduct of the parties
  • The length of the spouses' marriage
  • Either spouse's earning abilities or ability to work
  • The source and amount of assets awarded to each party through marital property division, and the income-earning potential of those assets
  • The obligor's ability to pay alimony
  • The present situation of the parties
  • The degree of difference in the spouses' incomes
  • The prior standard of living of the parties
  • The alimony recipient's responsibility for the support of others, including adult children with special needs
  • Either party's age, health or needs
  • Fault
  • General principles of fairness, referred to in the legal context as "equity"

Each award of spousal support must be based on the unique facts presented by the couple's circumstances. However, when considering the factors above, a family court judge can impute additional income based on a finding that a spouse has voluntarily reduced his or her income to avoid spousal support obligations. In other words, a spousal support award can be based on the court's assessment of how much a person could and should be making.


Duration and Modification of Support Payments to an Ex-Spouse


Awards of spousal support are seldom permanent, and a judge has discretion to authorize payments for a specific temporary period. The court may also reserve final determination of the issue for a future date to determine if a spousal support recipient can become self-sufficient. In such a case, spousal support can be modified by the court without a formal showing of a change in circumstances.


A final order granting alimony can only be modified based on evidence of a change of circumstances, which may include a reduction or increase in income affecting a payor's ability to pay. However, Michigan courts have also recognized that parties can structure alimony agreements that are not subject to modification, similar to prenuptial agreements. Furthermore, a spousal support award cannot be granted as part of the process of modifying a property settlement agreement.


The ex-spouse who asks the court to modify an alimony award has the burden of establishing a basis for modification, and the court can retroactively reduce or increase the obligation only back to the date of filing a motion for modification. Examples of changes that justify modification include increased or decreased income of the paying party, as well as illness of the recipient. However, modification of lump-sum spousal support (which is considered a part of property division) orders is not allowed absent a showing of fraud.

Under Michigan law, alimony can be terminated based solely on the fact of remarriage of the party who receives payments. Evidence of cohabitation without further facts underscoring a change in circumstances does not justify termination of support to an ex-spouse.


Assembling a Clear-Cut Case Regarding an Award of Spousal Support


At every stage of the divorce process, clear advice rooted in a Michigan divorce lawyer's practical experience is a crucial asset. This is all the more true when issues such as alimony are contested and a spouse must present compelling proof of the couple's past and future financial prospects. An attorney who understands every last item in Michigan's family law code, as well as the cases that interpret it, can protect a client's interests and avoid unacceptable setbacks and pitfalls in the divorce process.

Legal Advice and Representation on Alimony in Michigan

 Spousal support (also referred to as alimony) is money paid by one spouse to the other for his or her support and maintenance. Whether this type of support is appropriate, the amount, and the duration is within the discretion of the court, unless the parties agree on the issue.

Analyze the Facts


Factors a court considers in awarding spousal support include:

  • Age and educational level of the parties
  • Length of the marriage
  • The income of the parties and their ability to work
  • Source and amount of property awarded
  • Ability to pay support
  • Needs of the parties
  • Health of the parties
  • Fault
  • Prior standard of living and whether either party is responsible for the support of others
  • Present situation of the parties
  • General principles of equity


Alimony is considered on a case-by-case basis based on the circumstances of the parties. With so many factors involved, it is easy to see the value an experienced family law attorney can bring, advocating on your behalf.


Seek Counsel From an Attorney Who Understands


This is all the more reason that you need a knowledgeable, experienced and dedicated family law attorney on your side as you proceed through the process of divorce — or seek a post-decree modification in this area such as an order to recalculate child support.


Is Temporary Alimony Needed Before the Divorce?


Family law courts recognize the unique challenges for families in the time leading up to a divorce. Temporary spousal support may be necessary during the months prior to the court date when your marriage will be legally dissolved.


Call 810-798-2545 or email us for a free consultation. Law Offices of Steve Schneider & Associates, PLC in Almont, Michigan  is well prepared to advise and represent you through the process of determination of alimony.

Contact Us

Schedule An Appointment

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Law Offices of Steve Schneider & Associates,PLC

209 S. Main Street, P.O. Box 487, Almont, MI 48003, US

(810) 798-2545

Hours

Mon

09:00 am – 05:00 pm

Tue

09:00 am – 05:00 pm

Wed

09:00 am – 05:00 pm

Thu

09:00 am – 05:00 pm

Fri

09:00 am – 05:00 pm

Sat

Closed

Sun

Closed

  

Law Offices of Steve Schneider & Associates, PLC publishes this website to convey general information and not for the purpose of providing legal advice. Nothing on this site should be taken as legal advice for any individual case or situation. This Web site and its contents do not create an attorney-client or any other relationship between Law Offices of Steve Schneider & Associates, PLC and any visitor to the Web site. Electronic mail (“e-mail”) sent to Law Offices of Steve Schneider & Associates, PLC or any of its lawyers will not create an attorney-client relationship.


This website uses cookies.

We use cookies to analyze website traffic and optimize your website experience. By accepting our use of cookies, your data will be aggregated with all other user data.

Accept