How Do you Qualify for Spousal Support in Michigan?
If you have been recently divorced you may be eligible for spousal support. The court will always look for fairness and equity. In this blog we will be talking about the types of spousal support and if you qualify for it. In Michigan family court you are likely to see one of three types of payments: permanent (periodic or lump sum), rehabilitative, and reimbursement. Which type you encounter depends on a number of circumstances such as the relative incomes of the spouses as well as the role both played in the household leading up to the divorce. Read more to learn how to qualify for spousal support in Michigan.
Spousal Support 
There are two kinds of payments you might pay/ be paid. It is called alimony when a payment is made while the marriage still exists. When the payment occurs during the divorce process or is a part of the final divorce agreement, it is known as spousal support. If either spouse is made to pay, it will likely be the less wealthy spouse.
What is “Permanent” Support?
Permanent Support is a payment given to one spouse because they lack the means to support themselves. This will either take the form of regular payments made to the other spouse for the remainder of their lifetime or one “lump sum” payment. This payment will automatically terminate if the receiving spouse dies or remarries. By definition, the “lump sum” cannot be modified or terminated. The only exceptions are the retirement of the receiving spouse or proof of fraud.
At that point the spouses may end up sharing retirement income or a pension, in which case the support payments will be canceled. Permanent spousal support is more likely to be awarded in long term marriages, especially if one of the spouses is at or near retirement age and has little in the way of job skills/experience.
What is “Rehabilitative” Support?
This is a “periodic” payment made for a limited time so that the other spouse can gain the skills to become self-supporting. Due to its temporary nature, rehabilitative periodic spousal support is relatively easy to terminate. All the paying spouse has to do is persuade the judge that their former spouse is rehabilitated and can take care of themselves.
This type of support terminates automatically when the receiving spouse gets remarried or if either spouse dies. This makes sense given that this support, is meant to give that spouse help that the now estranged husband was giving them. Once the receiving spouse gets remarried it is assumed that their husband is now giving that support.
What is “Reimbursement” Support?
A reimbursement support payment is sometimes ordered by the court when there is a situation where one spouse supported the other while they earned a degree or a professional license. The amount is based on how much help the supporting spouse gave, not the value of the degree license.
Due to the fact that it is a one-time payment, this type of support may never be terminated and can be inherited by someone else upon the receiving spouse’s death. It will also be paid even in the event of the paying spouse’s death.
What Qualifies Someone To Receive Spousal Support In Michigan
There are multiple factors that the court will consider when determining spousal support in Michigan. The three basic factors that are used to calculate spousal support are the length of the marriage, the disparity of income between the parties, and if there is the disposable income available to pay the alimony. A longer marriage is a marriage where the court is more likely for the court to consider spousal support. For example, a thirty year marriage is going to receive more scrutiny for alimony than a two-year marriage would.
Conclusion
If you fit the right criteria and the court sees a need for you to receive spousal support you will definitely get spusal support in Michigan. It really depends on your own situation and your income. The best thing to do for spousal support is to talk to an attorney so that you can get the best possible result.
Our attorneys will give you the outcome that you desire, we understand how important this kind of matter is to you. For more information on Spousal Support in The State of Michigan watch the videos below and check out the Goldman and Associates YouTube channel for more videos on everything relating to law in Michigan. Make sure to give our attorneys a call if you have any questions about spousal support in Michigan.
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