Understanding Spousal Support After a Michigan Divorce

 Posted on May 30, 2023 in Divorce

Alimony, or spousal support, is awarded by Michigan courts to a spouse after a divorce. Each state has its own laws, and the court can be flexible in its judgment based on the circumstances surrounding a case. This includes determining if awarding support is appropriate, how much alimony should be awarded, and how long the payments will last.

Factors Considered When Determining Alimony

During a divorce, it is common for a judge to decide if a spouse qualifies for alimony and how much they should receive. When a spouse requests alimony, a judge may base their decision on the following factors:

1. The career and education of each party during the marriage: It is important to consider if each spouse has the resources to support themselves after the divorce, including their employment status.

2. Ability to work: In most cases, a judge may award alimony to the spouse who cannot work or is unlikely to find employment. 

3. Ages: An elderly or older individual who has not worked during their marriage may receive spousal support. However, if their spouse is retired and on a fixed income, the amount may vary, especially if they are younger than their retired partner. 

4. Each party’s needs: The judge will also consider the needs of both parties and how they affect their spousal support needs or their ability to pay it.

Types of Spousal Support

In Michigan, you can opt for three types of spousal support:

1. Alimony in gross: This spousal support is awarded as either a total amount or in the form of fixed periodic payments, and it cannot be modified. In some cases, it can be used to compensate a spouse in exchange for marital property. 

2. Long-term spousal support: This type of spousal support is often awarded in long-term marriages, especially if there is a large disparity in earning potential between the spouses or if either is disabled.

3. Short-term rehabilitative spousal support: A Michigan court may grant this spousal support to allow the receiving spouse to get job skills or education so they can support themselves. For instance, if the spouses have children who are currently in college or own a costly home, this support can help them adjust until the house is sold, the children graduate, or living expenses are adjusted. 

Contact a Novi Spousal Support Attorney

Understanding different types of spousal support and how a spouse may qualify to receive support can be challenging. A Northville spousal support lawyer from Elkouri Heath, PLC, can guide you at every stage. Contact us for a consultation by dialing 248-344-9700. 

Sources:

http://www.legislature.mi.gov/(S(rfjrz4em2zrsi3mnuqusayyo))/mileg.aspx?page=GetMCLDocument&objectname=mcl-552-13