The Major Factors in an Alimony Award

 Posted on February 05, 2025 in Divorce

Alimony, also known as spousal support, may be awarded by a judge after a divorce. It is intended to keep a spouse financially stable after the end of the marriage, and it may be either a short-term or long-term arrangement. However, alimony is not awarded in every divorce. A judge will consider multiple factors before making a final decision, evaluating each divorce on a case-by-case basis.

If you are unsure about whether you will pay or receive alimony, a Michigan divorce attorney can advise you about what to expect and advocate for a favorable outcome. At Elkouri Heath, PLC, our attorneys have over 20 years of experience, and we are ready to negotiate for a favorable outcome on your behalf.

Length of the Marriage

The length of your marriage typically plays a major role in an alimony decision. While there is no specific amount of time that will automatically qualify for alimony, longer marriages will be given greater consideration for an award of support. Short marriages lasting only one to three years are far less likely to be considered for alimony.

That being said, just because a marriage lasted a long time does not mean one spouse will be entitled to alimony. If both spouses take home roughly the same income, the judge might deem support unnecessary. Permanent alimony may be awarded in marriages lasting twenty years or more, especially if both spouses are near retirement age.

Asset Division

The division of property can impact an award of spousal support. As a rule, a judge will divide a married couple’s shared assets according to what is fair, which may not always be an equal split. If you received a significant share of assets in a divorce, like the marital home or a shared business, a judge might decide not to award alimony.

By the same token, if you received a lesser share of assets and earn significantly less than your partner, you may be more likely to receive support. A family law attorney can help you work out a fair agreement for asset division and alimony.

Marital Misconduct

Michigan is a no-fault divorce state. This means that you do not have to prove your spouse caused the collapse of the marriage to get a divorce. However, elements of fault – like cheating, abuse, or abandonment – may be considered in an award of alimony.

For instance, if your spouse had an affair during the marriage that subsequently led to the divorce, a judge can factor that into a ruling. Marital misconduct might not disqualify you or your spouse from alimony, but it could result in a reduced award.

Meet With a Novi, MI Divorce Lawyer Today

For many couples going through a divorce, alimony can be a touchy subject. At Elkouri Heath, PLC, we can sit down with you one-on-one so that we can understand your concerns about spousal support.

Our Oakland County, MI family law attorneys are prepared to advocate for your best interests. To schedule a free consultation, call our offices at 248-344-9700 today.