Everything You Need To Know About Spousal Support in Michigan

If you have been recently divorced you may be eligible for spousal support. Today in this blog we will be looking at what alimony/spousal support is and how it affects you. Being informed about these things will help you in the long run during and after your divorce. After this read, if you have any more questions or need help with anything please give us a call.

What is Spousal Support

Spousal support or alimony is financial support given to a spouse after a divorce to support the other party. 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.

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 kinds of spousal support are there?

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.

Permanent Spousal Support

Is there such a thing as permanent spousal support? Yes, yes there is, permanent spousal 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.

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.

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.

Can Spousal Support Get Reduced In Michigan?

In most cases, spousal support can get reduced based on a change in circumstances or something drastic has changed in your life. The court may order that the support may continue unless there has been a change in circumstance. Let’s say that you used to work 40 hours a week but recently your hours have been cut down to 20 hours a week. If you talk to your attorney and take your new case to the court, the court will look at everything that you have provided and give you a reduction in payments.

If you lose your job do not worry, contact your attorney and give them all the information they need. From there the court will look at your case and lower the spousal support. Your ex-spouse should understand that if you lose your job or your hours have been cut that the payments will be reduced. Things like this happen often, it’s important to remember that things will work out and your attorney will help guide you through the process.

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 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.

I want a guarantee that my ex will not modify his/her payments, and I am willing to accept slightly smaller payments in exchange? Is this possible?

Yes, parties to a divorce can modify that support in order to waive their right to modify that support in the future. However, there are certain requirements and limitations on such a waiver. First, the waiver must be contained in the final divorce agreement, or it is not valid. The waiver must be clear and obvious so that there can be no doubt to anyone reading it that the parties are giving up their rights to modify.

The language in the divorce decree must also contain language saying that the spousal support agreement is “final, binding, unchangeable, etc.” Be advised that if the support agreement was the result of a full-blown divorce trial on the merits, then the parties cannot waive their modification rights.

How can I make sure that I get the spousal support benefits that I deserve or only pay an amount that is fair?

The most reliable way is to write up a premarital agreement that discusses spousal support. It goes without saying that you should make sure that the type and amount of support is what you want and deserve. If you believe spousal support will be decided in court, then things will get a bit more complicated. In any case, you should keep relatively detailed records of your, and your spouse’s income before and after getting married. The last thing you want is to give your spouse an opportunity to push arbitrary and made up numbers for their own benefit. Furthermore, having documentary proof will make your own arguments more persuasive. Be aware that if your spouse draws down their own career in order to spend more time at home, that will likely mean that they will receive support from you if the two of you divorce. Obviously, the reverse is true if your spouse ends up playing the role of breadwinner.

You should also be aware of the extent to which your spouse assists you in pursuing education, acquiring property, etc. These can result in an order of support even if your spouse has greater income and even if you suffered a loss of income as a result of getting married. Keeping all of this in mind going into a marriage, you can then determine to what extent it is appropriate for you and your spouse to arrange your new life as a married family in order to affect the outcome of a hypothetical property division in a divorce. Although it is entirely possible that you and your spouse won’t actually care that much and will (hopefully) just come to an agreement amicably if it ever comes to that.

Conclusion

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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[Video] What Is Considered Child Neglect In Michigan, Should I Contact CPS?

If you are going to make an abuse or neglect case, then the court will expect CPS to become involved. CPS workers may try to get you to say things to twist your words. Even though they should be doing the right thing and being straightforward with you, that is not always the case. If you have to call CPS remember to be on high alert and watch what you say. Your best option is to speak to your attorney first to get all the information you need and they will guide you through the entire process.

Goldman and Associates Law Firm is here to provide you with information about Custody in The State of Michigan. Goldman and Associates has years of experience and knowledge on Family Law in Michigan. Contact us today if you have any questions regarding Personal Protection Orders in the State of Michigan.

[Video] When Should You Call CPS In Michigan?

[Video] What is a Personal Protection Order (PPO)?

Under Michigan law, there are three types of PPOs. The type of PPO that a victim will seek is dependent on the relationship between the victim and the accused. A domestic relationship PPO seeks to stop certain violent behaviors when the petitioner has a domestic relationship with the respondent. A nondomestic relationship PPO is triggered when there are 2 or more acts of stalking and is not dependent on the victim’s relationship with the respondent. Lastly, a sexual assault PPO is appropriate for victims of sexual assault who may not have a domestic relationship with the respondent or does not have two or more acts of stalking committed by the respondent to the victim. We will look at these three types of PPO more in depth and explain the structures of each one.

If you believe that the abuser will continue to target you or your children, getting a PPO would protect you from that happening. Getting an attorney to help you get a PPO is essential and will benefit you in the long run. Here are some things that the PPO does in The State of Michigan, the PPO can prohibit the respondent from the following acts:

Entering onto premises. Any premises that the petitioner frequents may be included.
Assaulting, attacking, beating, molesting, or wounding a named individual. The named individual does not have to be the petitioner.
Threatening to kill or physically injure a named individual. The named individual does not have to be the petitioner.
Removing minor children from the individual having legal custody of the children. This provision was originally to prevent the respondent from kidnapping a child in common. However, if there is a custody or parenting time order in place, the PPO will control, until the custody or parenting time order is modified or expired.
Purchasing or possessing a firearm.
Interfering with petitioner’s efforts to remove petitioner’s children or personal property from premises that are solely owned or leased by respondent.
Interfering with petitioner at petitioner’s place of employment or education or engaging in conduct that impairs petitioner’s employment or educational relationship or environment.
If the petitioner is a minor who has been the victim of sexual assault, as that term is defined in section 2950a, by the respondent and if the petitioner is enrolled in a public or nonpublic school that operates any of grades K to 12, attending school in the same building as the petitioner.
Having access to information in records concerning a minor child of both petitioner and respondent that will inform respondent about the address or telephone number of petitioner and petitioner’s minor child or about petitioner’s employment address.
Engaging in conduct that is prohibited under section 411h or 411i of the Michigan penal code This includes stalking.
Any of the following with the intent to cause the petitioner mental distress or to exert control over the petitioner with respect to an animal in which the petitioner has an ownership interest:
Injuring, killing, torturing, neglecting, or threatening to injure, kill, torture, or neglect the animal. A restraining order that enjoins conduct under this subparagraph does not prohibit the lawful killing or other use of the animal as described in section 50(11) of the Michigan penal code, 1931 PA 328, MCL 750.50
Removing the animal from the petitioner’s possession. Retaining or obtaining possession of the animal.
Any other specific act or conduct that imposes upon or interferes with personal liberty or that causes a reasonable apprehension of violence

[Video] What Determines Spousal Support In Michigan And What Does Permanent Alimony Mean?

When the payment occurs during the divorce process or is a part of the final divorce agreement, it is known as spousal support. Permanent Support is a payment given to one spouse because they lack the means to support themselves. 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.

It really depends on your own circumstances and the court will make decisions on spousal support based on each case. Contact Goldman and Associates to speak to our top attorneys in Michigan and get the outcome you want!

Goldman and Associates Law Firm is here to provide you with information about Spousal Support in The State of Michigan. Goldman and Associates has years of experience and knowledge on Family Law in Michigan. Contact us today if you have any questions regarding Spousal Support in the State of Michigan.

[Video] How Probate Works In Michigan

The probate court was established in order to assist individuals in guardianships, conservatorships, and in a lot of cases the probate court is used to establish and resolve estates. The process begins when you file to initiate the case, and then the court will appoint a personal representative. This representative will be the main contact that the court will use instead of dealing with multiple people.

In some situations, a will can often name the personal representative. Probate cases can be extremely complex and you will need an experienced lawyer to help guide you through this process. Contact Goldman and Associates to speak to our top attorneys in Michigan and get the outcome you want!

[Video] Do I Still Have To Pay Alimony If My Ex Gets Married Again In Michigan?

You have to remember that there are specific contractual terms in a judgement of divorce, which can set forth alimony terms. In some cases, the terms may be silent and say something along the lines of the alimony continues until there is a change in circumstance.

For example, if you are paying alimony and your ex-spouse gets remarried, then you are in a position to file a petition to stop the alimony based on a significant change in circumstance. Contact Goldman and Associates to speak to our top attorneys in Michigan and get the outcome you want!

[Video] What Qualifies Someone To Receive Spousal Support In Michigan

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. Contact Goldman and Associates to speak to our top attorneys in Michigan and get the outcome you want!

[Video] Can I Modify My Michigan Spousal Support Payments If I’m Laid Off?

If there is a change in circumstance then through the help of your lawyers, contact the court and file the appropriate motion, alleging the change in circumstance. The court will be able to reassess the situation and lower the spousal support to meet the new circumstance. Even if you can make an agreement with your spouse for a lower amount, you should still go to court to ensure that the court records are in sync with the arrangements that you made. Contact Goldman and Associates to speak to our top attorneys in Michigan and get the outcome you want!

[Video] How Can I Get Spousal Support Reduced In Michigan?

Generally speaking in most cases, spousal support can be reduced based on a change in circumstance. The court may order that the support continue until the court rules otherwise. The court may rule otherwise for example if their hours and wages were reduced significantly. If the payor no longer has the resources available, then they would be able to file an appropriate motion to ask for the reduction. Contact Goldman and Associates to speak to our top attorneys in Michigan and get the outcome you want!