Overview of Spousal Support – Michigan Law
There is no set formula for determining whether you will receive spousal support or how much. It is unlike child support. Determining spousal support is done on a case-by-case basis. Spousal support may be required in certain circumstances. It is to ensure that both parties are taken care of following a divorce. The property award for one party can be insufficient to provide for a spouse. In this case, spousal support may be mandated. One party can be in a worse financial situation after the divorce. The other party can make up for the difference with money. The court can order it to be so. Let’s have an overview of spousal support.
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How do we determine eligibility for spousal support? Three main factors determine eligibility for spousal support.
One. The duration of the marriage. How long has the union been? A 30-year marriage weighs differently against a two-year marriage.
Two. The disparity of income between spouses. They have long marriages but have equal levels of income. This may not be an alimony or spousal support case. Even though there is a disparity in income and a short marriage, this too is not a spousal support case. An example worthy of a spousal support case can be a 25-year marriage. One spouse makes 150 thousand and the other 25 thousand.
The third factor is the disposable income to pay for spousal support. A long-term marriage may have incurred debts. The couple can be living check-to-check. There may be no disposable income to speak of. The court will not order spousal support if there’s no disposable income to pay it with.
What does spousal support mean in Michigan?
A payment paid by one ex-spouse to the other during or after a divorce. It is more commonly referred to as alimony. By providing spousal support, each spouse can fulfill their financial responsibilities. These are duties that apply to your divorce case both now and in the future. The support’s intensity, frequency, and duration may differ. It depends mostly on the specifics of your case. You and your spouse can decide on the amount and duration of spousal support. It is like any other divorce-related issue. As long as neither party is treated unfairly, the court will uphold that decision.
The court will decide what kind of support is most appropriate in your case. Temporary support is only provided while the divorce is still pending. There are several kinds of spousal support applied in Michigan:
[ a ] Periodic. Given equal installments through a specific period.
[ b ] Permanent. Support paid across a lifetime.
[ c ] Lump-sum. Support paid in a single big lump.
Temporary support.
Some couples might not be able to support themselves during the divorce process. Temporary support payments are referred to by the court as “status quo” payments. Your spouse may have made mortgage, utility, and car payments in installments. The court may still order them to do so even after you file for divorce. When filing for divorce, either party may ask for interim assistance. The judge will only make it available if necessary. On top of the payments made under the status quo, the court may also order interim assistance. If there is a need and a sizable income disparity, it is available. The court eventually grants the divorce. Temporary support orders and interim support come to an end.
Periodic support.
The most typical form of cash assistance in Michigan is periodic support. A court may give temporary rehabilitative assistance. The court may also provide that help for a protracted length of time. The court allows this when one partner is capable but unable to support themselves right away. Periodic support is frequently required at regular intervals. One spouse may have left their work to raise a family. One spouse may have supported the other’s career growth. The recipient may need enough time to develop job-related skills. The judge can award spousal assistance in these cases. Ex-spouse can complete a degree. It will help that partner maintain financial independence.
Permanent support.
In Michigan, it is getting more challenging to get permanent spousal support. It is only permitted in situations where the pair has been married for a sizable period of time. And only if the beneficiary partner is unable to ensure a secure financial future. The recipient spouse might not be self-sufficient. Their age, health, or impairment might be contributing factors.
Lump-sum support.
Lump-sum support is suitable when one partner is financially capable. The spouse may make a lump-sum payment of the entire support judgment. Assets such as real estate or personal property can be used as lump-sum assistance. With lump-sum support, there is no ongoing obligation, which is an advantage. The wealthy partner can forego making recurring payments. Periodic payments to the ex-spouse would be weekly, biweekly, monthly, or annually. There is just one issue. The paying spouse contributes money or other resources at first. This support might come in the form of a high-value asset.
A Uniform Spousal Support Order, or USSO, is a special ruling that the judge issues. The USSO establishes the guidelines for spousal support. This covers the amount to be paid, the deadline, and the method of payment.
What are the three main factors determining eligibility for spousal support?
In a divorce, the division of property includes spousal support. You can try to negotiate a property settlement with your spouse by yourselves. You must first determine whether you are even eligible for spousal support. Check these factors to know if you can petition for spousal support.
[ 1 ] The duration or length of the marriage.
It’s a typical misconception of alimony or spousal support. Most people think the court won’t grant alimony unless you’ve been married for at least ten years. The length of your marriage is not a requirement for receiving spousal support payments. The length of the alimony award increases with the duration of the marriage. In Michigan family court, the judge sets the payment schedule’s duration. The length of alimony is often determined by the duration of the marriage. One frequently employed guideline for the length of spousal support in Michigan. They calculate one year of alimony is paid for every 3 years of marriage. Since every case is unique and the judge ultimately has discretion over the award, this is not a set formula.
[ 2 ] The disparity of income between spouses.
Alimony equalizes the incomes of spouses. Spousal support ensures both parties are taken care of. One spouse may not be able to support oneself. A spouse’s income is much lower than the other spouse’s. In these circumstances, the judge may decide in favor of spousal support. It can also be mandated if one spouse would suffer a financial loss as a result of the divorce. Especially if the other spouse is capable of making up for the difference.
[ 3 ] The disposable income to pay for spousal support.
A marriage can own many assets. They can have very high-value assets but no cash because of high debts. People need cash to cover daily expenses or the cost of living. The disposable income of each spouse has a significant impact on how much alimony is awarded. The receiving spouse should be able to maintain a residence. The spouse should have a decent level of life. This is the court’s goal in awarding spousal support. It can include a payout for legal expenses. These are expenses the receiving spouse has previously covered.
The three considerations above help in deciding how critical is the need for support and if there is available cash to go on to sustain the support.
How will the court decide how much financial support a spouse should get?
You can end up not agreeing on anything about spousal support. If this happens, the courts can decide for you. It will stretch out your divorce timeline and spend more on legal costs. Here are the factors the court will use when deciding on spousal support.
[ 1 ] How each spouse acted throughout the marriage. The judge will consider the behavior of the parties. Who was to blame for the ending of the marriage? Blame itself will not lead to the awarding of spousal support.
[ 2 ] How long was the marriage? The judge is more likely to provide spousal support the longer the marriage has lasted. This is especially crucial if one partner lacks a career. Lacks the necessary employment skills.
[ 3 ] Whether the parties can work or are employable. A person can be unable to work. The spouse is unlikely to get employment. The spouse is more likely to get spousal support from the court. A person may receive temporary spousal support. This allows the non-working spouse to finish their education or get new skills.
[ 4 ] What property each partner will receive in the divorce? How much of the assets? Whether such assets are liquid? The parties’ assets and debts go through the property division. Judges take into account the type and amount of property each party is receiving. The court uses this to determine whether one party needs spousal support. A person is not expected to use their property award to cover regular living costs. The judge grants support to the party receiving the majority of non-cash assets.
[ 5 ] How old each party is? An older person who has not worked during the marriage will need spousal support more. The other spouse can be retired and on a fixed income. That can work against the court’s granting spousal support. This is possible if the recipient of the support is under retirement age.
[ 6 ] Which spouse is capable of providing spousal support? The earning potential of the paying spouse is weighed by the court. It is weighed against the other spouse’s capacity for self-support.
[ 7 ] The parties’ present living arrangements. The judge takes into account factors including the earning potential. The court looks into future prospects of each spouse.
[ 8 ] The individual needs of each party. The judge takes into account how each party’s needs affect the capacity to pay support. How much support they will need?
[ 9 ] The state of health of each side. A party’s health can interfere with the capacity to work. It can get in the way of satisfying personal needs. These are especially important to consider.
[ 10 ] Whether each party is still supporting other people in their lives. The judge takes into account spouses’ obligation to provide for others. Judges consider their impacts on things. Things like their capacity to work and their capacity to pay support.
[ 11 ] How much was given to the joint estate by each party? The court takes into account what each partner brought to the union. This goes beyond simply making a financial contribution. The court views the contributions of the spouses as equal. These are instances the other spouse assisted in raising the children.
[ 12 ] Whether either side is living with someone. The court takes into account a party’s living arrangements. How will their living arrangements affect their cash situation?
[ 13 ] Fairness. The court eventually awards spousal support and the appropriate sum to order. The judge considers what is just and reasonable.
The court decides on spousal support based on the aforementioned considerations. It makes determinations based on significant variables. Each element does not have to be given the same weight by the judge. Parties can ask for spousal support. The court must reach conclusions based on all pertinent factors.
Can a spouse file for a modification of support after the divorce judgment?
You and your spouse’s situation can change. Change impacts your way of living. The state of your finances can drastically shift. You’re moving to a new town, starting a new career, and beginning a new relationship. Other factors can all contribute to this. The court’s order on spousal support or alimony may no longer be appropriate. Because of the conditions involving your ex-spouse and you, it is no longer effective. What circumstances can warrant changing marital support?
File a petition to modify spousal support. Increase the amount you receive or decrease the amount you pay. Consider filing for modifications if any of the following circumstances apply to you:
[ a ] Changing jobs so that the payor makes less money or so that the recipient gets more money;
[ b ] Retiring of one of the parties or spouses;
[ c ] A medical condition that prevents one or both parties from working due to a disability;
[ d ] The demise of one of the parties;
[ e ] Remarrying of one of the parties;
[ f ] One of the parties’ cohabitation. The ex-spouse shares a house with someone else for an extended period of time. The cohabiting pair divides routine everyday costs; and,
[ g ] Other factors that the judge might consider on a case-by-case basis.
The court can review and modify any order made in the initial action, including alimony. A party’s petition prompts the court to take action. Any of the parties may ask for the amount of spousal support to be increased, decreased, or terminated. Either the payor or the recipient may make one.
How do you file a petition to modify spousal support?
A party has the option to file a petition to change spousal support. The petitioning party must present new information. Prepare or collate evidence of a change in the circumstances. You prove the major changes made after the initial divorce decision. Before implementing a change, a strong legal foundation must be established. Gather and consolidate evidence of these significant changes. There may be a need for a copy of the divorce judgment. Request a review of the divorce ruling from your lawyer. If your spousal support can be adjusted, your lawyer can do so.
The petition must be filed before the court can schedule a hearing. Whether a post-judgment alimony modification is necessary is decided at the hearing. The opposing side is allowed to reply in court. Each side can provide evidence, witnesses, and arguments to back up their assertions.
When circumstances change, a Michigan court may modify the conditions of spousal support. As long as the parties haven’t already decided on a Consent Judgment of Divorce, the court may. It may be made non-modifiable by the agreement. The divorce decree must always include spousal maintenance. The divorce ruling must include the specifics of the spousal support award. These conditions must specify how much support will be provided and for how long. Also, it will state if anything other than the death of the recipient would cause it to end.
Can a man get spousal support?
Women’s rights and divorce legislation saw significant progress. It happened in the second part of the 20th century. Women began to get employment at par with males. Today they make a contribution to the family’s income. The first “no-fault” divorce was made lawful in California in 1970. The law enabled couples with unworkable marriages to legally separate.
The former Elizabeth Philips, Henry Durand Irwin’s wife of 26 years, paid him $1,600 a month in alimony. This became legal in a March 5, 1979 decision by the Supreme Court. Mr. Irwin’s ex-wife is the daughter of Frank Phillips. Frank Philips established the Phillips Petroleum Corporation in 1917. The corporation was turned into a $350 million oil empire by Frank Philips before he passed away in 1950.
Governments have begun to pay divorced people equally regardless of their gender. Alimony payments are now being granted to ex-husbands. Women are increasingly acting as the main breadwinners in modern partnerships. More women are discovering after divorce that they must pay spousal support. And now, even child support. As a result of this progress, the playing field has been balanced for both genders.
The 1979 Supreme Court ruling established equal rights to spousal support in a divorce. It is true only while they are working to become self-sufficient. Most men prefer a one-time payment from the woman. These are in cases where the woman is considerably wealthier than them. Few men actually ask for alimony.
Spousal support is required for a specific amount of time, according to the divorce ruling. In the case that the situation changes, the amount may be adjusted. The recipient may get married or cohabitate with another person as an economic entity. Spousal assistance typically ends in such circumstances. Spousal assistance is frequently deductible by the payer and taxed as income to the recipient. Spousal support is covered by both the divorce ruling and a uniform spousal support order. The two are comparable to a child support decree. The basis for salary garnishment may be laid by it.
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