Alimony Guidelines in Michigan

When you have been married for a while, you naturally become used to living a certain lifestyle. Whether you’re the breadwinner, a stay-at-home parent, or half a two-income household, it can be difficult to let that lifestyle go, especially when suffering the emotional stresses of a divorce.

It is for this reason that alimony exists. In a roughly equal relationship (from a financial standpoint), alimony probably isn’t necessary since each party can support themselves once they go their separate ways. However, most unions feature some level of disparity, by which one partner earns significantly more than the other.

Alimony is designed to balance this inequity so that one party isn’t left destitute in the wake of divorce. Marriage is considered an equal partnership, and one person won’t be allowed to yank the rug from under the other, so to speak, in the event of divorce. How is alimony determined and how long does it last? Here’s what you should know.

Determining Factors
Alimony is not considered during the divorce – it is separate from division of property and will be decided following divorce proceedings. When the court considers awarding alimony, there are several potential determining factors in whether or not it is granted and the amount of the alimony awarded.

These factors could include the length of the marriage, marital standards of living, ages of parties, ability of each party to work, present situation of the parties involved (as well as present and future needs), health concerns, and ability to pay alimony. Conduct during the marriage is also a factor.

I know what you’re thinking: Michigan is a no-fault divorce state. This is true, and causation is not considered during divorce proceedings. Wealth and assets (and debt) will be divided equitably in a Michigan divorce, regardless of whether one party was cheating, lying, or otherwise the impetus for the divorce.

However, the same is not necessarily true when it comes to awarding alimony. A judge may choose to consider factors like infidelity, substance abuse, or other potential “fault” when determining alimony. Courts will also consider general equality when figuring out a fair amount of alimony and how long it should be paid.

Duration
How long does alimony last? This, too may depend on a number of factors, starting with the duration of the marriage, but also including the age, health, and general situations of both parties. In addition, future marriages could play a role. Often, a spouse paying alimony is relieved of the duty when his/her ex-spouse chooses to remarry.

Professional Help
Although alimony is intended to be fair, each party involved in divorce may have different ideas about what that means. The best way to ensure that the court considers your point of view is to come prepared with proper legal representation.

A qualified attorney from an experienced firm like The Gucciardo Law Firm can provide the guidance you need to navigate the tricky waters of divorce and subsequent legal issues like child custody, child support, and alimony. Contact us today 248-723-5190 to get the support you need in an alimony dispute.