Michigan Spousal Support Lawyers

During the divorce process, one or both parties can ask for spousal support. It is at the discretion of the court as to how much support it orders, as there is no formula to determine support. The court reviews several factors to determine whether support is warranted, including: 

• The conduct of the parties, including past relations
• The length of the marriage
• The ability of the parties to work
• The source and amount of property awarded to the parties
• The age of the parties
• The ability of the parties to pay alimony
• The present situation of the parties
• The needs of the parties
• The health of the parties
• The prior standard of living of the parties and whether either is responsible for the support of others
• General principles of equity

Michigan does not have a formula to determine spousal support; however, in addition to the above factors, attorneys use calculators as guidelines. The court can consider these calculations, but it cannot base spousal support entirely on the amount generated by the calculators, as the court must weigh and address all of the above factors in its decision.

What is Spousal Support?

In Michigan, spousal support is completely discretionary, and there are no bright-line rules, formulas, mandatory marriage lengths, minimum payment years, prior standard of living, and other requirements to guide the judge.

Each case is different, and the court determines a spousal support order based on multiple factors. Types of spousal support can include:

• Lump-sum payment / Lump-sum support (alimony in gross)
• Periodic spousal support (alimony payments paid monthly)
• Temporary support or short-term alimony (rehabilitative alimony)
• Permanent

What Qualifies You for Spousal Support in Michigan?

Spousal support in Michigan is determined by a judge on a case-by-case basis. Each case is different and is based on the factors listed above. Attorneys may use spousal support calculators, but the court cannot solely rely on those figures.

How is Alimony Calculated in a Michigan Divorce?

The law requires the court to engage in a lengthy fact-finding analysis when determining a spouse’s ability to pay and the receiving spouse’s needs. While the court has discretion as to whether to order support and the amount ordered, it must be based on the factors above, including general principles of equity (Sparks vs. Sparks, 440 Mich. 141; 485 NW2d 893 (1992) and MCL 552.13. It must balance the needs and income of the parties without causing impoverishment to either.

After considering income, ability to work, job skills, the health of each party, fault, need, the duration of the marriage, age, financial needs, and other relevant factors, and if neither can afford spousal support or the circumstances do not justify spousal support; the court should not award it.

How Long Are Spousal Support Payments Paid in Michigan?

The length of Michigan alimony will depend on the amount awarded and the financial situation of the party paying the spousal support to make payments. The court will determine these factors during the divorce.

The length of spousal support depends on the circumstances of each case. The court could order lump-sum spousal support or periodic support. If the court believes that the receiving spouse needs financial support long enough to finish his or her education or to work himself up in the workforce, the support may be temporary.

If the court orders permanent spousal support, it can end when the non-paying spouse remarries if the parties negotiate this term. While it will be enforced, the statute currently does not require it. It always ends when one of the parties dies.

How Long Do You Have to Be Married to Get Alimony in Michigan?

Alimony law in the Michigan statutes does not give an amount of time in Michigan to be married to get alimony. The court does take the length of the marriage, along with other factors, when determining spousal support. A party is more likely to be awarded permanent support for long-term marriages. The longer the marriage, the more likely it is the Court will award spousal support, as long as the other factors are also weighed.

For example, a long-term marriage where both spouses earn similar incomes or are capable of earning similar incomes will likely not support a spousal support award. In contrast, a long-term marriage, where there is a significant discrepancy in incomes, would be a fairly strong case for an award of spousal support.

The Challenges With Spousal Support in Michigan

Michigan is a no-fault state, which means you don’t have to prove fault in a divorce. However, the court can consider fault, such as adultery, when making an award for alimony. As long as the court rationalizes its decision with the factors listed above, such as age, health, employability, duration of marriage, etc., the award is generally not set aside on appeal.

A Michigan family lawyer can help secure a fair and reasonable award for alimony, including determining the duration of spousal support. If required, a lawyer can help you appeal an unfair spousal support award.

Can Spousal Support Be Modified After the Divorce is Final?

Yes. You can modify a spousal support order after the divorce is final. However, you will have to show that you experienced a significant change in circumstances, such as a health issue that prevents you from working or a reduction in your salary that is through no fault of your own. Reaching regular retirement can also support a claim to modify support. Additionally, if the recipient of spousal support starts earning more money, the payor can request a downward modification of support.

Michigan also allows for non-modifiable spousal support. However, this can only be accomplished by the agreement of both parties, as they are waiving their statutory rights to modify support in the future. A judge can only grant non-modifiable support with the parties’ express agreement. (Therefore, non-modifiable support cannot be awarded by a court in a trial decision.) Non-modifiable support means that neither party can change the terms of the award in the future for any reason. The benefit of non-modifiable support is that it provides a specific end date as well as a specific amount. If you earn more money, support cannot be increased due to your increase in income. However, if you lose your job and/or are unable to work, you cannot have support decreased either.

Why Work With Cordell & Cordell

A family law attorney can help protect your rights and work for a fair and reasonable outcome. A family law attorney at Cordell & Cordell can also help you meet deadlines and may be able to help you settle out of court. Get in touch with our team today (1-866-DADS-LAW) to if you are facing a spousal support case or have questions.

Fight For Your Financial Freedom

Spousal support can hinder your financial freedom, depending on the amount the court deems appropriate. Contact a Michigan family law attorney if you were served with divorce papers or you are considering filing for divorce.