Alimony in Michigan

If you are in the process or about to go through a divorce or legal separation in Michigan, there is no doubt that at some point you have thought about Alimony. Alimony in Michigan is also known as Spousal Support. Let’s talk about what Alimony is, and how it can affect you and your divorce proceedings.

What is Alimony?

Alimony, or Spousal Support, is simply a payment of money, assets, or property from one spouse to another as part of a divorce settlement. Michigan is considered a no-fault divorce state, meaning that neither party is required to provide proof or reason for wanting a divorce. The judge will certainly consider many factors when determining spousal support payments.

How Does Alimony Work in Michigan?

Divorce can be a stressful, emotional rollercoaster for both parties involved. Couples must consider how to divide up current assets such as property, investments, and savings. They also must consider how to divide future earnings such as retirement benefits.

The judge will consider the current and future well-being of both parties, as well as the ability to continue to earn income when making decisions about alimony payments.

Other factors that may be considered include the length of the marriage, meaning that a one-year marriage would rarely receive alimony in Michigan. For a long-term marriage, however, it is more likely for there to be an order of spousal support.

Here are some more factors that should be taken into consideration:

• Past relations and conduct of the parties,
• Length of the marriage
• Ability of the parties to work
• The source and amount of property awarded to the parties
• The parties’ ages
• The abilities of the parties to pay spousal support
• The present situation of the parties
• The needs of the parties
• The parties’ health
• The prior standard of living of the parties and whether either is responsible for the support of others
• Contributions of the parties to the joint estate
• A party’s fault in causing the divorce
• The effect of cohabitation on a party’s financial status
• General principles of equity

Types of Alimony in Michigan

As we can already see, calculating spousal support payments is typically more complex than determining child support payments.

In Michigan, there are several types of alimony:

Temporary Alimony

This type of alimony may be ordered during the divorce proceedings and may last until the divorce proceedings have ended. Often the higher earner will be ordered to pay most or all of the bills during the divorce proceedings.

Rehabilitative or Temporary Alimony

This is periodic alimony that helps one spouse obtain training or education and to start earning their own income. This support usually lasts until the spouse that was the lower earner or less educated obtains gainful employment. It is often used when one party has been out of the workforce for a length of time.

Permanent or Long-term Alimony

As the name suggests, this payment may last for the duration of one’s life, until remarriage, or a change in circumstances. This is more often seen in older couples and longer-term marriages.

Alimony in Gross or Lump Sum Payment

This is rarer to see in Michigan and, as the name states, would entail a lump sum payment or installment payments from one party to the other.

Nonmodifiable Alimony

Ordinarily, spousal support is modifiable in Michigan. However, if the parties both wish to have nonmodifiable spousal support they may agree to it in the divorce judgment. Nonmodifiable spousal support will not be ordered by the judge unless the parties agree. There are pros and cons to this type of spousal support.

How is Alimony Paid in Michigan

In Michigan, alimony can be paid directly by the paying spouse to the receiving spouse, or it can be paid through the Friend of the Court program. The Friend of the Court program is a government agency that helps with the enforcement of court orders related to child support, parenting time, and spousal support.

If the parties agree, or if the court orders it, the paying spouse can make alimony payments through the Friend of the Court program. The program will keep records of all payments and provide a neutral third party to handle any disputes that may arise.

If the paying spouse fails to make the required alimony payments, the Friend of the Court program can take enforcement actions. These include wage garnishment, tax refund garnishments, or even contempt of court proceedings.

Changing or Terminating Alimony

Unless the parties agree to nonmodifiable spousal support, ordinarily spousal support can be changed or terminated in Michigan. Either the paying spouse or the receiving spouse may request a modification or termination of alimony if there has been a significant change in circumstances since the initial court order was issued.

Examples of significant changes may include:

• The receiving spouse's remarriage,
• The paying spouse's loss of employment or reduction in income
• A change in the receiving spouse's financial need.

The party seeking a modification or termination of alimony must file a motion with the court and provide evidence supporting their request. The court will then consider the evidence presented and may modify or terminate the alimony payments accordingly.

Even if the alimony payments are modified or terminated, the paying spouse is still obligated to make payments according to the original court order until the modification or termination is approved by the court.

Is There a Formula for Alimony in Michigan?

No. Courts consider various factors when making decisions about alimony, so there isn’t a way to calculate payment beforehand. Michigan courts have a great deal of discretion in determining the amount and duration of alimony, so it's important to consult with a family law attorney who can evaluate the specific circumstances of your case and provide guidance on what to expect regarding alimony payments.

Navigate Alimony with an Expert Attorney

Due to the increasingly complex nature of determining alimony in Michigan, it is crucial to seek the legal counsel of a professional attorney with experience in family law and divorce, like Carrah Crofton-Wloszek.

Carrah will seek to obtain the best settlement for you, protect your rights, and help to ensure that paperwork is filed correctly and on time. Mistakes are often made in this area during a separation and therefore it is vital to work with an experienced attorney.