If you have been dependent on your spouse to pay for your living expenses, divorce can be scary, since it can mean a loss of support. But does it have to? Can you get permanent alimony in Michigan? If so, what should you expect from your spousal support award?

What “Permanent” Alimony Really Means

Alimony, officially called spousal support in Michigan, is money paid by one spouse to the other spouse after the parties have separated, while the divorce is pending, or after the divorce is over. You can receive a permanent alimony award that provides monthly support payments indefinitely, if the Michigan Family Court judge believes it is necessary, appropriate, and equitable. However, when it comes to spousal support, “permanent” doesn't necessarily mean forever. In most cases, even a permanent spousal support award will terminate upon:

• Death of the payer (the one paying support)
• Remarriage of the payee (the one receiving support)
• Cohabitation by the payee (if explicitly stated in the Uniform Spousal Support Order)

In addition, as discussed below, in most cases, a permanent alimony award can be modified or even terminated if the parties' circumstances change.

How Michigan Courts Decide When to Award Spousal Support

Generally, a spouse who requests support will need to include the request in his or her initial Complaint for Divorce or Answer to Complaint for Divorce. This will allow the Court to consider whether a spousal support award is appropriate if your case goes to trial. You can also file a motion for temporary or “interim” spousal support to be paid while your divorce is pending, but those awards automatically end when the final divorce judgment is entered.

By statute, Judges are required to determine whether either spouse's income or estate are “insufficient for the suitable support and maintenance of either party and any children” in that party's care. They can order temporary or permanent alimony after considering “the ability of either party to pay and the character and situation of the parties, and all the other circumstances of the case.”

There are many factors that Michigan courts use to consider in deciding whether to award spousal support, and for how long. They cover a variety of aspects of married life, from the prior conduct of the parties (including fault for the breakdown of the marriage) to both parties' ability to earn and pay support. You and your divorce attorney should help the Court understand the big financial picture of your family, as well as your practical and financial needs after the divorce is final.

Permanent vs Rehabilitative Spousal Support

Michigan law allows for two different types of alimony: rehabilitative spousal support and permanent spousal support.

Rehabilitative Spousal Support

Rehabilitative spousal support is temporary, usually defined as a monthly amount for a certain number of months or years, or until a total amount is paid. It is designed to help the recipient spouse make the transition to being self-reliant. It can be used to:

• Bridge gaps while a stay-at-home parent seeks unemployment
• Allow a spouse to complete training to become a skilled employee
• Facilitate a spouse completing a college degree or certification
• Give time to adjust to a new single-income lifestyle

Permanent Spousal Support

When permanent spousal support is awarded, it is generally because the recipient spouse cannot be reasonably expected to become self-sufficient after the marriage, able to maintain a standard of living similar to that held during the marriage. Permanent alimony awards can be appropriate in cases involving:

• Long term marriages (generally more than 20 years)
• A spouse with no career or marketable skills
• Interrupted career histories due to child-care or homemaking
• Large discrepancies between the parties' incomes
• Permanent and significant disability
• A spouse whose working history will not qualify for Social Security and who has limited retirement benefits
• Financial control prohibiting a spouse from obtaining financial independence

Permanent alimony also requires that the payer have the ability to contribute to the support of the recipient spouse. Establishing need is not enough. The paying spouse also must have an ability to pay alimony without becoming impoverished himself or herself. If you are defending against a claim for permanent spousal support, you should be prepared to show how that ongoing commitment will negatively impact your own ability to pay your expenses and maintain a comfortable lifestyle without going into debt.

Can Your Former Spouse Cut Off Your Permanent Alimony?

By statute, spousal support awards are modifiable based on a change in circumstances after the order is entered. While the parties can agree to waive their right to modify spousal support, the Court cannot order a truly permanent alimony that is non-modifiable. This is to account for the unexpected. For example, if the primary wage-earner gets into an auto accident and becomes unable to work, it may no longer be appropriate or even possible for him or her to keep paying support. On the other hand, if the recipient spouse gets a job earning the same or even more than the payer, it may not be equitable to continue payments that unnecessarily enrich the recipient spouse. Another common reason to modify a permanent alimony award is if the paying spouse retires and no longer has the same level of income.

Decide if Permanent Spousal Support is Right for You with the Help of 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 determine if you have a case for permanent alimony or rehabilitative spousal support, and advocate for a fair and equitable award you can live with. Call us at 248-651-4114 or contact us here to speak to an attorney.