Understanding Alimony in Michigan: What You Need to Know

It is common for financial stability to be at the forefront of your mind when a marriage ends. It is important to be aware if you or your spouse is entitled to alimony, which is when the dependent spouse receives money from the supporting spouse.

The dependent spouse typically is the one that makes substantially less money and relies on the supporting spouse financially and therefore can be entitled to receive money from the supporting spouse. A few reasons why alimony to one spouse may be appropriate is if the couple decided that the dependent spouse would not work a full time job to be available for the children of the marriage, he or she earns significantly less than the other spouse, or he or she has health issues that prevent him or her from supporting themselves. This is not something the courts automatically calculate based upon a strict formula, but something the courts decide based on a number of statutory factors.

How does a judge calculate spousal support?

There are 14 factors that the court considers when determining whether spousal support should be awarded and if so, the amount and duration of a spousal support award:

• The past relations and the conduct of the parties;

• The length of the marriage;

• The ability of the parties to work;

• The age of the parties;

• The ability of the parties to pay spousal support;

• The present situation of the parties;

• The income of each of the parties;

• The source of and amount of property awarded to the parties;

• The health of the parties;

• The needs of the parties;

• The prior standard of living of the parties and whether either party is responsible for the support of others;

• The parties' contributions to the joint estate;

• The parties fault in causing the divorce;

• How cohabitation affects a party's financial status;

• General principles of equity.

The objective is to balance the incomes and needs of the parties in a way that will not impoverish either. When the court issues a ruling after a trial regarding spousal support, the court's award is always modifiable in the future based on a change of circumstances. The parties can seek more support, less support, a termination of support, a longer duration of support, etc. if circumstances for either of the parties change since the divorce was finalized. Changes in circumstances include remarriage, cohabitation, changes in need, changes in the ability to pay and in some cases, retirement. Conversely, if the parties come to an agreement with respect to spousal support, they may decide to make all the terms or some of the terms non-modifiable, something the court cannot do. The court, in turn, must adhere to the non-modifiable support agreement and does not have the authority to modify it regardless of any changed circumstances of the parties in the future.

Depending on the circumstances and different needs of the parties in a divorce, the court has the power to award different types of alimony options. In Michigan, there are a few different types of alimony that a judge my implement:

Interim Alimony: This is a short-term solution in which the supporting spouse is required to give payment to the dependent spouse while the divorce is ongoing to ensure that both parties can cover living expenses and legal fees. This provides immediate financial stability for the supporting spouse and may be terminated when the divorce is finalized or may turn into a final spousal support order.

Rehabilitative Alimony: While the dependent spouse is becoming self-sufficient, they can receive financial assistance from the supporting spouse. The dependent spouse will need to demonstrate their need for financial support and a plan to show their plan for financial independence. The court considers the age, work history, and education of the dependent spouse, and they will typically limit the duration of this type of alimony. As previously stated, even if the court issues a ruling on duration, it is always considered a "presumptive term" that may be extended or terminated if the moving party shows just need for the modification. The parties can make the duration non-modifiable only by agreement.

Permanent Alimony: This is court-ordered and an ongoing payment that the dependent spouse receives from the supporting spouse until the dependent spouse dies or remarries. This type of alimony typically follows long term marriages (20+ years) and when the dependent spouse is over the age of 50. The retirement of the payor of support may or may not terminate the obligation of permanent alimony.

Lump Sum: This is a fixed amount that is paid all at once to help the dependent spouse instead of recurring monthly payments. This type of alimony helps with immediate financial stability and securing future needs and is not subject to court modifications. This can be paid all at once in a cash sum, a transfer of assets, or over a short period of fixed payments.

Divorce is an emotional process for all parties involved, and alimony is not a simple matter. Seeking legal counsel to oversee and help you navigate your specific circumstances is crucial. Our family law attorneys can help you come to a fair outcome for both you and your spouse that will protect a financial future for both you and your families.

Written by Monica Rossi Baylis