If you find yourself considering divorce, you may be wondering whether you or your spouse qualifies for alimony. In Traverse City and throughout Michigan, divorcing spouses have the right to request spousal support if they can demonstrate that they need the support and the other spouse has the capacity to provide it. A Traverse City alimony lawyer from Alward Fisher can help you assess your situation and your rights under the law.
With more than 100 years of combined experience, our seasoned divorce attorneys have successfully represented former spouses on both sides of alimony disputes. Contact our family law attorneys today to learn about the possibilities for alimony in your divorce case.
Alimony Requirements in Michigan
In a Michigan divorce, either spouse can qualify for alimony, also known as spousal support. Many people believe you must be married for at least 10 years to be eligible for spousal support. This is a myth. Judges are more likely to award support for divorces involving long-term marriages. But they can award spousal support to qualifying spouses who have been married for any length of time.
If you are the one who initiates the divorce, you must notify the court of your need for financial support when you file your initial divorce paperwork. If your spouse is the one who initiates the divorce, you must include a request for spousal support when you file your answer to the divorce petition.
When Michigan judges decide whether spousal support payments are necessary, they consider general principles of equity and several other details, including:
- The past relations and prior conduct of each spouse
- Whether either spouse’s conduct contributed to the breakdown of the marriage
- Each spouse’s ability to maintain gainful employment
- The origins and amounts of any property awarded to each spouse
- Each spouse’s age and overall health
- Each spouse’s complete financial picture and general needs
- Each spouse’s standard of living during the marriage
- Each spouse’s current standard of living
- Whether either spouse supports minor children or other dependents
- The contributions of each party to the marital estate
- Whether cohabitation could affect either spouse’s financial status
How Is Alimony Calculated in Michigan?
Michigan family law courts do not use any specific formula to calculate alimony. If you qualify to receive spousal support payments, a family law judge will use the following factors to determine the amounts you will receive:
- Cohabitation – If you cohabitate with another person during or after your divorce, you may not qualify for alimony.
- Age and health – As you age, the courts assume your need for support increases as your job prospects become more limited. This assumption also applies if you have a medical condition that prevents you from working.
- Income, assets, and debts – Judges will consider if you or your former spouse has a significantly higher income or more assets. If one spouse agrees to take responsibility for mutual debts, the judge may decrease his or her spousal support obligations.
- Employment prospects – If you stayed home throughout a significant portion of your marriage to care for children while your spouse worked outside the home, you may have fewer marketable skills and therefore be more likely to qualify for support. This could include orders for temporary financial support to help you develop any skills you need to support yourself.
- Marriage duration – The longer you have been married to your spouse, the longer they will likely be required to make spousal support payments.
- Dependents – If you are a custodial parent of minor children or a full-time caregiver for an elderly or disabled family member, you may be entitled to higher alimony payments based on your restricted ability to support yourself.
- Your marital lifestyle – If the standard of living you enjoyed during your marriage was significantly higher than your current lifestyle, you are more likely to qualify for higher support payments.
- Needs – Judges will consider any other needs you have relative to your former spouse’s ability to provide for them when they order the amount and duration of your spousal support payments.
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Types of Spousal Support in Traverse City, MI
There are four main types of spousal support in Michigan:
- Short-term rehabilitative support – If a payee spouse is capable of earning a living but lacks the education or skills necessary to find suitable work, a judge may order short-term rehabilitative spousal support. This type of support is intended to provide the payee spouse with the opportunity to improve their job prospects and become self-sufficient.
- Permanent or long-term support – Payor spouses are more likely to be ordered to provide support permanently or over a longer period when the marriage lasted a long time, when the payee spouse is disabled, or when there is a significant disparity in each spouse’s ability to earn a living.
- Periodic alimony in gross – Judges order alimony in gross support payments as a way to divide property or assets between each spouse. Alimony in gross support orders cannot be modified and are not subject to certain contingencies, including death or remarriage. These orders also make it easier for the payor spouse to manage and pay taxes during property settlement. Periodic alimony in gross payments are made a little at a time over a fixed period.
- Lump-sum alimony in gross – When courts order lump-sum alimony in gross payments, the payor spouse must pay the ordered amount or surrender certain pieces of property all at once. Otherwise, this type of support is subject to the same rules and restrictions as periodic alimony in gross.
How Is Spousal Support Paid in Michigan?
In Michigan, a special family court known as Friend of the Court (FOC) monitors compliance with spousal support orders. When the court issues a final divorce judgment, it will also typically issue an order to the payor spouse’s employer requiring them to withhold an appropriate amount of income directly from the payor’s paycheck.
When a payor spouse’s employer receives an income withholding order from the court, they are required to comply or risk facing penalties. In most cases, the employer will then order their payroll department or manager to reroute the payments from the payor’s check to the receiving spouse per the court order.
If a payor spouse fails or refuses to make court-ordered payments, the payee spouse has the right to file a motion for contempt with the FOC. From there, the FOC will determine whether the payor has violated a court order and set a hearing with a family court judge. Penalties could include license restrictions, passport service interruptions, wage or bank account garnishments, tax refund interceptions, or even possible jail time.
FAQs About Spousal Support in Traverse City
Here are answers to some of the questions Alward Fisher attorneys frequently receive about Michigan spousal support:
Alimony
How long does alimony last in Michigan?
The payor spouse’s obligation to make support payments lasts throughout the duration ordered by the court. This obligation generally ends when one party dies or, in some cases, when the receiving spouse remarries.
Is alimony taxable in Michigan?
No, not for divorces finalized after December 31, 2018. Since then, payor spouses cannot claim tax deductions on the spousal support payments they make each year, and recipient spouses are not required to report the payments they receive as taxable income.
Can men get alimony?
Yes. Even though women have historically collected alimony more frequently than men, either spouse may qualify for alimony in a Michigan divorce, regardless of gender. Your eligibility for spousal support is based on your income, level of need, and a variety of other factors.
Does alimony end when you remarry?
Sometimes. Certain divorce decrees may contain provisions that terminate alimony obligations if the recipient remarries. However, Michigan law does not mandate these provisions. If a recipient spouse remarries and the divorce decree does not address remarriage, a judge will decide whether support payments should continue.
Can you request changes in spousal support payments?
Either ex-spouse can petition the court to modify spousal support payments if they experience a significant change in circumstances. This includes a change in income, a change in either party’s need, or a new cohabitation situation.
How a Traverse City Alimony Lawyer Can Help You
If you are considering divorce, a Traverse City alimony attorney can help you by:
- Determining whether you may have grounds for an at-fault divorce and providing objective, seasoned advice regarding your options
- Accounting for all marital assets, ensuring your spouse discloses all of their assets, and explaining how property may be divided in the divorce
- Suggesting and drawing up a manageable debt repayment plan for joint debt obligations
- Evaluating your eligibility for spousal support and estimating how much you could receive in spousal support and other benefits
- Preparing your divorce papers, including the request you submit to the court describing your need for spousal support
- Representing you in mediation and court as we work toward a fair agreement for you
When you decide it’s time for answers, contact the Traverse City alimony lawyers at Alward Fisher. We can address your concerns and help you understand what steps your case may involve.
