When couples separate and one household becomes two, a stay-at-home parent or dependent spouse may need financial support to move forward with life. But settling on a fair amount and duration for alimony can be challenging. The Michigan family law attorneys at Bebout, Potere, Cox & Bennion, P.C., know how Michigan courts award spousal support and can help you make sure neither party comes up short.
Who Can Receive Spousal Support in Michigan
The Michigan family courts can award spousal support to either party in a divorce action if it is just and reasonable to do so. Spousal support (also called alimony) can be paid to either a husband or a wife, depending on the circumstances, but will generally only be paid to the lower-income spouse. The fact that a spouse is employed will not necessarily prevent a spousal support award, but it may make it harder to show that support is necessary.
How Michigan Courts Decide Whether to Award Spousal Support
The standard is whether the property awarded to that party is insufficient for their suitable support. In doing that, the Court must balance the parties' need and ability to pay. To decide this, Michigan family court judges consider several factors:
- Past relations and conduct of the parties
- Length of the marriage
- Ability of the parties to work
- Source and amount of property awarded to the parties
- Ages of the parties
- Ability of the parties to pay spousal support
- Present situation of the parties
- Needs of the parties
- Health of the parties
- Prior standard of living of the parties
- Whether either party is responsible for the support of others (including the minor children)
- Contributions to the joint estate by the parties
- A party's fault in causing the divorce
- Cohabitation and its affect on a party's financial status
- General principles of equity
These are broad categories, creating opportunities for either spouse to raise concerns about a variety of issues within the marriage.
If you are asking the Court to award you spousal support, you should be prepared to demonstrate that your income sources are insufficient to pay for your reasonable expenses, given the lifestyle you were accustomed to during the marriage. If you are opposing spousal support, you will need to show that either your spouse can meet his or her own needs, or you are unable to make a financial contribution and still pay your own bills.
How Much and How Long Will You Have to Pay Alimony?
Once the Court decides that spousal support is appropriate in the case, it must then determine how much will be paid and for how long. Many of the same factors apply. Depending on the parties' arrangements during the marriage, and each party's ability to work after the divorce, the Court may award:
- Rehabilitative spousal support – paid over a relatively short period of time to allow the recipient spouse to find a new job, get a degree, develop skills, or adjust to a new lifestyle.
- Permanent spousal support – generally paid until the death of the payer or the remarriage or (in some cases) cohabitation of the recipient spouse where that spouse is disabled, of retirement age, or otherwise unable to work.
- Alimony in gross – paid as a lump sum at the time of the Judgment of Divorce as part of the property settlement. While not technically spousal support, this one-time payment can be used to find a new place to live or pay off marital debts.
If the Court awards you or your spouse rehabilitative or permanent spousal support, it will enter a Uniform Spousal Support Order along with the Judgment of Divorce. This allows the Friend of the Court collect spousal support payments for the benefit of the recipient spouse, making enforcement and accounting easier for everyone involved.
Reaching a Spousal Support Settlement
Like so many other aspects of divorce, spousal support is up for negotiation until the case goes to trial. If you and your ex-spouse can come to an agreement, you can enter into a spousal support agreement setting the amount and duration of any payments, or agreeing that neither party will receive support and it will be “forever barred.” There are also two things you can agree to that the judge may not generally award at trial:
- Enter a non-modifiable spousal support award, which cannot be changed after-the-fact based on a change in circumstances
- Agree to a “present value” lump sum spousal support payment, giving the recipient all the funds upfront at a discount, assuming smart investment will make up the difference.
Can You Modify a Spousal Support Award After It is Entered?
Unless you and your spouse entered a non-modifiable spousal support agreement, either party can ask the court to modify the spousal support award after the Judgment is entered. To do this, you will need to show a change in circumstances since the judgment was entered. Generally, this should be something unanticipated at the time of divorce.
Get Help with Spousal Support from a Michigan Family Lawyer
At Bebout, Potere, Cox & Bennion, P.C., we care about you and your family. We help individuals and families in Rochester Hills, Rochester, Troy, Lake Orion, Oxford, Oakland County, Macomb County and throughout Southeast Michigan. We can help you reach a fair spousal support agreement or argue for a fair alimony award before the Michigan family courts. Call us at 248-651-4114 or contact us here to speak to an attorney.