The Basics of Awarding Spousal Support in Michigan

Once a marriage is dissolved through divorce proceedings and property has been divided, you might think the process is done and you can wash your hands of your ex-spouse. Unfortunately, this is not always the case. If you have children, for example, custody and child support will still have to be determined.

Whether you have kids or not, alimony, or spousal support, may also need to be determined by the courts. It’s only natural that you should be concerned about how the process works and the amount of spousal support you could be ordered to pay, or that you might be eligible to receive. Here are some of the basics when it comes to awarding spousal support in Michigan.

There is No Set Formula
Although Michigan courts follow a formula for setting child support payments, the same does not apply to alimony. The process is more complex because it takes more than need and resources into account when calculating responsibility to pay.

What you should know is that no-fault divorce laws do not apply to spousal support. When it comes to granting divorce, a judge does not need to know which party, if either, is at fault for the dissolution of marriage. This requires only “irreconcilable differences”. However, fault, among other factors, is considered when determining alimony.

Several Factors May Influence Results
Judges are required by law to consider a variety of factors when determining alimony. Naturally, financial considerations are included, such as the division of property in divorce proceedings, as well as income, ability to work, ability to pay, and expenses, just for example.

Often, a spouse that earns more or has higher earning potential will have to pay spousal support, but this could be skewed if, say, the lower-earning spouse receives the family home or other significant assets as part of the divorce settlement. Current living situation and prior standard of living are also considered.

Also included are age, health, and need. An older spouse that is retired, living on a fixed income, and facing ongoing medical costs may be more likely to receive spousal support from a younger, able-bodied spouse that is still working, or at least, the older spouse may not be required to pay. Courts will also consider the conduct of both parties prior to divorce, as well as fault for the divorce, so that if one spouse is unfaithful, abusive, or otherwise at fault for the failure of the marriage, it could affect the awarding of spousal support.

Agreement is a Possibility
You don’t necessarily have to leave it up to the courts to decide spousal support for you. If your divorce is relatively amicable, and both parties can come to an agreement regarding division of assets and alimony, the court is likely to accept it, so long as it seems equitable. For couples that can’t come to an agreement, the courts will render judgment concerning the amount of alimony, and in some cases the duration of payments.

If you’re involved in a divorce and you’re concerned about the prospect of spousal support, contact The Gucciardo Law Firm at 248-723-5190 today for a consultation so that you can get the expert advice and legal services you need.