If your marital relationship has broken down, the question of whether you will have to pay or are entitled to receive spousal support may be a key factor in deciding whether to file a complaint for divorce. Understanding Michigan's spousal support factors can help you understand whether you have a case for alimony or are likely to have to pay for your spouse's bills after the divorce.

Do You Have a Case for Spousal Support?

Not every divorce involves alimony or spousal support. In a two-income family where both spouses can earn money and support themselves, the Michigan courts are unlikely to award spousal support to either party. But if one party has been a stay-at-home parent or homemaker or has a disability, that spouse may ask the Court to award temporary, rehabilitative, or permanent spousal support.

Do You Have to Be a Dependent Spouse to Receive Alimony?

Under Michigan law, a family court judge is allowed to award either spouse (husband or wife) temporary or permanent alimony based on that spouse's need and the other spouse's ability to pay. Unlike in other states, there is no requirement that a spouse be determined to be “dependent” to receive spousal support. However, it is highly unlikely that spousal support will be awarded to a party earning substantial income. This is because Court will consider whether the award received by either party is insufficient for the suitable support of that party and any children under his or her care.

Understanding Michigan's Spousal Support Factors

The Michigan courts have outlined several factors for judges to consider awarding spousal support:

Past relations and conduct of the parties. 

This factor includes how the parties behaved during the marriage, including marital agreements about the division of household duties. It can also overlap with issues of fault, especially if one spouse is accused of domestic violence or coercive control during the marriage.

Length of the marriage.

The length of the marriage can affect both the likelihood of spousal support being awarded, and the duration of any such award. The longer the marriage relationship, the better the case for spousal support. However, spousal support may sometimes be appropriate in shorter marriages based on other factors.

Ability of the parties to work.

Interruptions in a homemaker's work history, the time it will take to find replacement employment, and any education or certification required to re-enter the workforce will all be relevant. If a spouse has a temporary or permanent disability, he or she may not be required to work, but may still be expected to pursue government disability benefits.

Source of and amount of property awarded to the parties. 

If either spouse receives income-producing assets as part of the property division, that will affect the issue of spousal support. Most often, this relates to business interests, rental properties, trust distributions, or stock interests. A spouse is not required to dissipate his or her property award to pay daily expenses.

Ages of the parties.

Spousal support is common in cases involving older or retired individuals. However, it is important to remember that generally a Court will not require a party to continue working past retirement age just to pay spousal support.  

Ability of the parties to pay spousal support. 

Ability to pay includes a variety of sources, such as wages, pension plans, unemployment compensation, tax refunds, and Social Security benefits. It also includes an unexercised ability to work, where one party is voluntarily unemployed or underemployed to avoid paying support.

Present situation of the parties.

The parties' present situations can include a variety of circumstances, including where each spouse is living post-separation. This is a very broad factor that can include many unique factors in a case.

Needs of the parties.

Usually, if a party is requesting spousal support, he or she should prepare a monthly budget, which shows the Court that his or her income is not sufficient to meet his or her needs. In defending against a claim for spousal support, a spouse and his or her attorney should consider whether the proposed budget is reasonable and accounts for all the requesting spouse's potential sources of income.

Health of the parties. 

When one spouse has a disability, especially if it occurred during the marriage, it may require expert testimony or a social security disability determination to establish that the recipient spouse is unable to work.

Prior standard of living of the parties.

The practical reality is that both spouses will likely experience a decrease in standard of living when going from one household (with shared incomes) to two households (with individual incomes). However, in setting the amount of support, the Court will often look at the parties' prior standard of living, along with their budgets, to determine an amount that is fair.

Whether either party is responsible for the support of others.

Spousal support is calculated after child support, but that doesn't mean the Court can't consider a spouse's expenses related to their children or other dependents in calculating an award. This factor is especially relevant if the couple has a disabled child who will require care into adulthood, or where the parties have agreed to pay for their children's college expenses.  

Contributions to the joint estate by the parties.

This factor does not mean that a homemaker is not entitled to support, or that the wage-earner should keep more of his or her income. Instead, the Court will look at both parties' contributions to the marital estate in time, energy, and money, and may use spousal support to compensate a stay-at-home parent for their unpaid contributions.

A party's fault in causing the divorce.

Even though Michigan is a no-fault divorce state, the Court can consider each party's fault in the breakdown of the marriage when determining spousal support. Fault is only one factor and cannot be given disproportionate weight, but judges can consider whether one spouse's conduct has disadvantaged the other's financial position after the divorce.

How cohabitation affects a party's financial status.

Sometimes one or both spouses live with others (whether a new romantic partner or extended family) and intend to continue doing so after the divorce. This “cohabitation” can reduce household expenses and the need for spousal support.

General principles of equity.

Spousal support in Michigan ultimately comes down to equity and fairness between the parties. Often, Courts will try to equalize the parties' incomes after the divorce, at least until the recipient spouse can get back on his or her feet.

Get a Fair Spousal Support Award 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 spousal support case and advocate for a fair and equitable alimony award you can live with. Call us at 248-651-4114 or contact us here to speak to an attorney.