SPOUSAL SUPPORT

In Michigan, alimony, also known as spousal support, is distinct from child support. It may be awarded alongside child support to help balance the financial needs and incomes of the spouses without inducing undue strain. Spousal support involves one spouse providing financial assistance to the other, contributing to their well-being, education, and overall health. Contrary to marital property division, alimony serves as a rehabilitative tool aimed at aiding the recipient spouse in adjusting to life post-divorce and achieving financial independence. Much like child support, alimony is typically paid monthly and can be deducted directly from the payer’s salary through the Friend of the Court for easier management. For guidance tailored to your specific circumstances concerning alimony, reach out to us today at 248-552-9210 for a complimentary consultation.

What is Spousal Support (Alimony)?

How is Spousal Support (Alimony) Determined in Michigan?

When determining whether to award spousal support in a divorce or separate maintenance case, a judge considers several factors, including:

The past relations and conduct of the parties.

The length of the marriage.

The ability of the parties to work.

The source and amount of property awarded to the parties.

The age, needs, and health of the parties.

The ability of the parties to pay alimony.

The present situation of the parties.

The prior standard of living and whether either party is responsible for supporting others.

General principles of equity.

Michigan does not have a specific mathematical formula for determining whether spousal support should be awarded, the amount of support to be awarded, or the duration of the support. Each spousal support case is evaluated based on its unique factors and the discretion of the judge assigned to the case.

What is the Difference Between Modifiable Spousal Support and Non-Modifiable Spousal Support?

If spousal support is awarded through a trial, it is considered modifiable, meaning it can be changed if there is a change in circumstances for either party. Modifiable spousal support can continue indefinitely based on the evolving circumstances.

In contrast, parties may agree to a non-modifiable spousal support payment as part of a settlement. This type of support specifies a fixed monthly amount for a set period. Parties may opt for non-modifiable spousal support to have certainty about future payments. However, under Michigan law, non-modifiable spousal support awards cannot be changed even if there is a change in circumstances, such as job loss or increased support needs.

It is important to consider the implications of modifiable and non-modifiable spousal support and seek legal guidance from an experienced attorney at Cicchelli Law Offices, PLLC to determine the most suitable approach for your case.