How Spousal Support Is Determined in Michigan Divorce Cases

 Posted on December 14, 2018 in Divorce

Unlike child support, spousal support is not as rigidly defined in the Michigan divorce codes. In Michigan, there is a formula that tells you whether or not you will receive child support and how much that child support amount will be. With spousal support, it is determined on a case-by-case basis if you are awarded it, how much it will be and for how long you will get the payments. Spousal support is sometimes a necessity in a divorce, especially if one spouse does not make as much as the other or was a stay-at-home parent. Spousal support can provide that spouse with a much-needed supplement to his or her income.

Am I Guaranteed Spousal Support?

In a Michigan divorce, spousal support is not guaranteed to be awarded to either spouse. You and your spouse do have the chance to decide on spousal support in your settlement. You have the option to negotiate with your spouse if you will receive spousal support and how much that support will be. If you and your spouse cannot come to an agreement, the judge will intervene and make the decisions for you.

Factors for Consideration

If the judge has to step in to make the final say about any spousal support decisions that must be made, he or she will look at a variety of factors surrounding you and your spouse’s situation. These factors can include:

• The length of the marriage;
• Whether each spouse can work;
• The earning capacity of each spouse;
• How much property each spouse is getting in the divorce settlement;
• The age and health of each spouse;
• Whether each party can pay spousal support; and
• The standard of living that was established during the marriage.

A Farmington Hills Spousal Support Attorney Can Help

Nobody is arguing the fact that divorces are difficult. While they can be emotionally tolling, they can also be hard on your wallet. If you believe you are entitled to spousal support, it is in your best interest to contact an Oakland County spousal support lawyer who can help you determine if you will be awarded support or not. At Elkouri Heath, PLC, we understand how distressing divorce is and how it can make you anxious about your finances. When you work with us, you can have peace of mind knowing you are getting the best help possible with your divorce. To set up a free consultation, call our office today at 248-344-9700.

Sources:

http://www.legislature.mi.gov/(S(z1z3bsfqsrdlmody5enwwbdz))/mileg.aspx?page=getObject&objectName=mcl-552-23

http://www.legislature.mi.gov/(S(z1z3bsfqsrdlmody5enwwbdz))/mileg.aspx?page=getObject&objectName=mcl-552-13