Alimony is a part of many divorces in Michigan, and state law governs when these support payments are required and for how long they last.
If you’re going through a divorce in the state, you’ll want to understand your rights under Michigan alimony laws and how you can assert them.
What Is Alimony Under Michigan Law?
In Michigan, alimony refers to a court-ordered financial obligation under which one individual makes one or more payments to their ex-spouse.
Alimony can serve various purposes, such as providing financial assistance to a spouse who reenters the workforce after a divorce, ensuring that both parties maintain a roughly similar standard of living, or supporting a spouse who cannot work due to age or health.
How Does Alimony Work in Michigan?
Michigan state law governs many aspects of alimony, including the following:
Determining Eligibility for Alimony
Michigan courts evaluate various circumstances to determine whether a spouse who has requested alimony in a divorce proceeding is entitled to it.
Factors Courts Consider When Awarding Alimony
When a divorcing couple calls upon a court to decide the issue of alimony, the court must consider various factors in determining whether to award alimony to one spouse and in calculating the amount and length of the award.
These factors may include the following:
- The parties’ conduct during the marriage, including whether one spouse’s misconduct caused or contributed to the breakdown of the marriage
- The length of the marriage
- Each spouse’s earning potential and ability to work
- The division of marital property and the amount of “liquid” assets that each spouse will receive
- The age and health of each spouse
- Each spouse’s ability to afford alimony
- The couple’s living standard during the marriage
- Whether either spouse has other alimony or child support obligations
- General principles of equity and fairness
Types of Alimony in Michigan
In Michigan, courts may impose various types of alimony obligations during a divorce proceeding, including the following:
- Temporary Alimony – Provides financial support to one spouse during the divorce case
- Lump-Sum Alimony – Involves a one-time, non-modifiable payment from one spouse to another
- Rehabilitative Alimony – An alimony obligation that continues after the final divorce judgment, designed to provide temporary assistance to a spouse as they pursue education or training to secure employment that allows them to become self-sufficient
- Long-Term or Permanent Alimony – Awarded in cases involving long-term marriages where the couple has a substantial earning disparity or where one spouse cannot pursue employment due to their age or health
How Alimony Payments Are Calculated
Unlike child support, courts do not have detailed guidelines or a Michigan alimony formula for calculating the amount of alimony payments. Instead, courts will determine the amount of an alimony award based on what the court finds reasonable and necessary to achieve the objective(s) of the alimony obligation.
Common objectives include enabling a spouse to seek education or training to reenter the workforce or ensuring that a spouse can maintain a reasonable standard of living during and after the divorce.
Duration of Alimony
Determining the alimony duration will depend on the purpose(s) behind its award.
For example, a temporary alimony award typically lasts only until the divorce case is resolved. A rehabilitative award may last for a few years, depending on the amount of time a spouse reasonably needs to pursue education or training to secure employment that will enable them to become self-sufficient.
Permanent or long-term alimony may last for years or decades, including until either spouse retires. Alternatively, a court may order alimony to last indefinitely or permanently until either spouse moves for modification or termination.
Modification and Termination
Parties may petition the court to modify an alimony obligation in response to changed circumstances, unless the divorce settlement or judgment prohibits this modification.
A spouse with an alimony obligation may also seek to terminate alimony based on certain changed circumstances, such as the retirement of either spouse or the receiving spouse’s remarriage or cohabitation with a romantic partner.
What Happens If Alimony Payments Stop?
When the payor spouse stops making their alimony payments, the receiving spouse may file a motion with the court to enforce the obligation. A court can use various enforcement methods to compel a spouse to catch up on their alimony payments, including the following:
- Holding the payor spouse in contempt of court, which may expose them to penalties such as fines, sanctions, or jail time
- Ordering wage garnishment, which directs the payor spouse’s employer to withhold the alimony payments from their paycheck and remit the funds to the court
- Imposing liens on the payor spouse’s property
- Seizing tax refunds
- Suspending the payor spouse’s licenses, including driver’s licenses, professional licenses, or business licenses
Financial and Tax Implications of Alimony in Michigan
Recent changes in tax laws have made alimony a non-taxable event.
For divorces finalized on or after January 1, 2019, a payor spouse does not get to deduct their alimony payments, and a recipient spouse does not have to report alimony as taxable income.
However, for couples with divorce settlements or judgments finalized before 2019, the payor spouse can deduct their alimony payments, and the recipient spouse must report them as taxable income. Modifications to older alimony orders may alter the taxability of alimony obligations.
Do Prenuptial and Postnuptial Agreements Affect Alimony?
Spouses may choose to waive their right to seek alimony in a prenuptial or postnuptial agreement or agree on a specific alimony obligation, including by setting the amount and duration of alimony.
However, a court can review a prenuptial or postnuptial agreement to ensure that it addresses alimony fairly and reasonably for both spouses.
Frequently Asked Questions About Alimony Laws in Michigan
The following are the answers to some of our family law firm’s most commonly asked questions about Michigan’s alimony laws.
Does adultery or fault for the end of the marriage affect alimony awards?
Michigan has a no-fault divorce law, which means that spouses do not need to prove the other spouse’s fault for the breakdown of the marriage.
That said, courts may consider a spouse’s adultery or other misconduct in the marriage when determining the amount and length of an alimony award. However, a spouse’s fault for the end of the marriage cannot by itself support an alimony award.
How does the length of a marriage affect an alimony award?
The length of a couple’s marriage may determine whether the court awards alimony and the duration of an alimony obligation. A court may be more willing to award alimony when the marriage in question has lasted a long time.
Furthermore, the longer the couple’s marriage, the longer the court may extend the alimony obligation. Brief marriages typically result in no alimony award.
Can spouses agree on alimony without going to court?
Spouses can negotiate an alimony obligation as a part of a divorce settlement agreement.
A couple may ask the court to incorporate the terms of their divorce settlement, including any alimony provision, into the divorce judgment. The court will likely do so if it finds that the parties have negotiated fair and reasonable terms.
Need Help Understanding Your Michigan Alimony Options? Talk to an Attorney Today
If you and your spouse have decided to divorce, alimony may become an issue in your divorce proceeding. Contact Alward Fisher today for a confidential consultation with an alimony attorney to discuss your legal options and how we can help you explore them.