Paying alimony is a serious responsibility. After a divorce, you get to be paid by your ex-spouse at regular intervals. It aims to make your financial obligations less burdensome. Can I take a higher percentage value of the house if I agree on not wanting alimony paid by my ex? Yes, you can take a higher value of the house in exchange for alimony.
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Alimony just requires the consent of both spouses. Unlike child support, which must be complied with by paying the custodial parent. To pay alimony, spouses may use other resources with an equivalent value. The amount of alimony is subject to negotiation between the parties. The court decides on the amount, frequency, or when it is paid. The spouses are still free to choose how to proceed with alimony.
How does the court calculate alimony?
In Michigan, either spouse in a divorce can request spousal support. You must include a request for support in your initial divorce filing. You want the court to take it into account. The spouse filing for divorce must inform the court of the petition for financial assistance. It is imperative you respond if you are the respondent or defendant. You have to respond to both your spouse’s alimony request and the divorce complaint.
There’s a popular belief a court will only grant assistance after a marriage of at least ten years. For couples who have been married for any length of time, the court will grant alimony if a party qualifies. Judges are more likely to award support for long-term marriages.
In Michigan, there is no predetermined formula for alimony. Judges don’t have guidelines they must follow. They don’t have a set of rules for determining the quantity and length of spousal support. Judges must take into account some considerations.
Judges take the duration of the marriage into account. They also consider the following:
[ a] Historical interactions and behavior of the parties.
[ b ] The ability of each spouse to work.
[ c ] The nature and scope of the property the parties to the divorce were given.
[ d ] Each party’s age and state of health.
[ e ] Each party’s financial status.
[ f ] The requirements of each partner.
[ g ] The parties’ prior standard of living. Whether they are still responsible for any other dependents.
[ h ] The contribution made by each spouse to the marital estate.
[ i ] Whether a spouse’s actions led to the divorce.
[ j ] The impact of cohabitation on a party’s financial situation.
[ g] Other general equity rules.
The earnings of each spouse have a significant impact on the amount of alimony. The receiving spouse should be given enough money to maintain a home. A fair level of living. A judgment for legal expenses already paid by the receiving spouse may also be included.
There isn’t a “formula” for judges to use for determining alimony in Michigan. Some courts base their decisions on the child support formula and other factors. When making a final order, the court has a lot of latitudes.
Can we just talk and negotiate alimony?
Give negotiation your best effort. It will be much less expensive than going to court. It gives you certainty. It’s better than handing decisions about your future over to someone else. Alimony is only a subject that ends up in front of a judge for discussion if you and your spouse are unable to come to an agreement. Look carefully at the criteria courts use. Do this before you start negotiating support with your husband. If you can’t come to an agreement, at least you’ll know what the judge might take into consideration. They might aid you in your discussions.
Use the information to negotiate successfully. Knowledge is important regardless of who will be providing or paying for support. You won’t be able to confidently say the support you accept is sufficient. It will never be without information. Be very sure it is enough for your requirements. Or, at least compatible with your financial situation.
The divorce process includes some financial disclosures from both parties. This is true even if it is obvious which spouse will provide support. The resources of both the paying and receiving spouses are crucial. Use it in evaluating both the need and ability to pay. You won’t need to inquire further. You handled all money matters during the marriage. You are confident that you are fully aware of your spouse’s financial condition. That or you have complete faith in your spouse.
Use the monthly income and expense disclosure. You are already preparing it anyway to estimate how much you need. Get the difference between your income and expenses. Add the resources you may have. Read the criteria we listed above. You can only pick what you think you need and then ask for it because there typically isn’t a set formula. The talks will begin after that.
Can I get a higher percentage value of the house if I do not ask for alimony?
Your spouse will agree to a higher value for the house in exchange for alimony. Your soon-to-be ex-spouse will see alimony as a financial burden. The aim will be to lessen that burden. The shorter the duration of the burden the better for your spouse. Take advantage of this aim and motivation. Your soon-to-be ex-spouse is getting advice to avoid paying alimony if possible. There are legal means to do so. Instead of waiting for them to make the move, it is best to think of getting ahead of this first.
The logical advice your spouse will get is to offer you a larger share of marital assets. A larger part of a retirement account or even the marital home. By doing this, your spouse is thinking of saving the high cost of periodic payments into one large payment to you. You can get one large check for this option.
Alimony is occasionally paid as a single lump amount and is referred to as buyouts, lump sum alimony, or spousal maintenance buyout. Get the payment in a single sizable amount rather than a series of payments over a certain length of time. Your ex-spouse does this in the form of a one-time cash payment or by dividing the marital estate. Your ex-spouse issues a single check for the total amount due to the dependent spouse in a lump sum of cash.
The court will allow this as long as it is fair and equitable to both parties. Do your homework. Make sure what you get is fair for you. Get the numbers right. You will have to sign documents agreeing and acknowledging to this large payment. Part of that will be a quitclaim. Talk about this option with your attorney. Walk through the process and the documents with your attorney. Protect yourself against legal technicalities like the wording of the agreement. Your intentions must be reflected in the wording of the agreement. Your attorney can help you frame your intentions in a legal document.
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