How Are Michigan Spousal Support Payments Determined?

In the state of Michigan, spousal support payments (a.k.a. alimony payments) are set up when the court deems it appropriate that, upon a divorce, one spouse should make payments to the other spouse in order to allow them the opportunity to reestablish themselves financially. The statue limits spousal support payments to an amount that is “just and reasonable,” but what does that mean?

How Alimony Amounts are Decided
Alimony payments are decided on a case-by-case basis, and the law requires the court to look at the following factors:

• The past conduct of both parties. Even though we’re a ‘no-fault’ state, you can definitely end up paying ‘punitive alimony’ if infidelity, substance abuse, or domestic violence were involved in the divorce.
• The length of the marriage.
• Each spouse’s ability to work.
• The division of marital assets (the court assumes neither party should be required to sell part of their marital assets to support themselves.)
• The ages of each spouse.
• The abilities of the ‘paying’ spouse to afford the spousal support payments.
• The present situation of each spouse
• The known future needs of each spouse.
• The health and medical stability of each spouse.
• The spouses’ standard of living when together, particularly whether either spouse was responsible for paying for the daily lives of the other and/or the children.
• Each spouse’s individual assets as determined during the division of marital assets.
• The court’s sense of general equitability (not equality, but rather ‘fairness’.)

How Long does Alimony Last?
Every alimony agreement has a time limit built into it, but the agreement can also be ended early by a judge’s decision. Most spousal support agreements are written to end:

• After a specified period determined by the judge,
• When the receiving spouse remarries or cohabitates with a new partner, or (rarely)
• The children have reached adulthood (usually reserved for child support, not alimony.)

But they can also be prematurely ended by a judge if:

• The paying spouse’s income drops significantly,
• The receiving spouse’s income rises significantly, or
• If a judge determines that the receiving spouse is ‘gaming the system’ to keep receiving payments (i.e. they have a new partner, but rather than cohabitate or get married, they simply spend lots of ‘nights over’ for months or years on end.)

Sidebar: Tax Implications
Once alimony payments have been determined by the court, the paying spouse can deduct the payments from their income taxes — the spouse receiving the money must pay taxes on the spousal support just like any other income. This applies only to the actual amount of court-ordered alimony, however — anything you happen to give beyond that counts as a gift, not as spousal support.

If you believe your spouse may be hiding information from you that could be used to alter your spousal support payments, call Gucciardo Family Law at 248-723-5190 — we’ll give you a hand in figuring out whether or not it’s worth filing a motion over.