How to Get Out of Alimony

In Michigan, a judge can award alimony as a condition of divorce. This type of spousal support is typically given to a spouse who earns significantly less than the other. Many people mistakenly believe that alimony will automatically be awarded to the lower-earning spouse — but that is not how it works.

Alimony is awarded on a case-by-case basis. Judges will consider factors like the financial history of the marriage, both parties’ ability to work, and behavior during the marriage. This means that even if you are the higher-earning spouse, you could still avoid paying alimony in Michigan.

Our Michigan family law attorneys at Alward Fisher can try to help reduce or eliminate your alimony payments. Our alimony lawyers have more than 100 years of combined experience, giving us in-depth knowledge of Michigan alimony law. For more information about how to avoid paying spousal support and protect your rights, contact us today for a free consultation.

What Is Alimony?

Alimony is when the courts order one spouse to provide financial support to the other spouse after a divorce. Alimony is sometimes referred to as spousal support or maintenance. No matter what term you use, the spouse who earns more or does not have custody of any children from the marriage usually pays alimony to the other spouse. The idea behind alimony payments is to help the spouse who earns less or has custody of the children keep their pre-divorce standard of living.

What Factors Help Determine Alimony?

There are few guidelines in state law concerning which spouse pays alimony and how much they will pay. Michigan law only says the courts may require either spouse to pay alimony when “proper and necessary.” Judges use several common factors to calculate alimony, even if there is no specific statutory formula. The factors that determine how much a spouse will pay in alimony may include the following:

• The length of the marriage
• Whether either spouse committed adultery or other forms of marital misconduct
• Which spouse has custody of any children from the marriage
• Each spouse’s income and future earning potential
• Each spouse’s age and health at the time of the divorce
• Each spouse’s educational background
• Whether either spouse has prior child support or alimony obligations
• How you’ll divide your shared marital property
• Each spouse’s living expenses

These factors give the courts substantial wiggle room to determine how much you will pay in alimony. The best way to keep your alimony payments low or avoid alimony altogether is to work with an experienced Michigan divorce lawyer.

How to Avoid Paying Alimony

It is difficult to avoid paying alimony after a divorce, but not impossible. Some methods you can use to get out of paying alimony to your spouse include:

• A prenuptial or postnuptial agreement — A valid prenuptial or postnuptial agreement with your spouse can keep you from having to pay alimony. However, there are strict requirements you must meet to ensure the agreement is enforceable. It is also likely that your spouse will challenge the prenuptial or postnuptial agreement.
• Show your spouse does not need the money — Alimony payments help a spouse meet their financial needs after a divorce. If you and your attorney can show your spouse does not need spousal support to maintain their standard of living, you may be able to avoid paying alimony.
• Show your spouse committed marital misconduct — If your spouse cheated on, abused, or mistreated you during your marriage, you can argue they do not deserve financial support after the divorce.
• Pursue custody of your children — In many divorces, the spouse who has custody of any children from the marriage is the one who receives alimony. If you can gain custody of your children, you may be able to avoid paying your spouse alimony.

How to Terminate Alimony Payments

It is not always possible to avoid paying alimony after a divorce. However, there are ways to terminate alimony payments after you have started making them. Some methods for terminating alimony payments in Michigan include:

• Show your spouse has remarried — State law says you can ask the courts to terminate your alimony payments if your spouse has remarried.
• Ask for a termination date in your divorce decree — You should not have to support your ex-spouse forever. Though there is no legal requirement for the courts to set a termination date for alimony payments, you can ask for one during divorce proceedings.
• Show your spouse no longer needs the money — Your spouse’s financial needs may have changed since you divorced. If your spouse has found a new job, received an inheritance, or had some other change in their financial situation, you can argue that you should no longer have to pay them alimony.
• Ask the courts to review your spouse’s fitness to work — Some spouses prefer to stay at home and focus on raising children after a divorce. However, you should not have to support your spouse when they can earn a living. You can ask the courts to evaluate your spouse’s capability to make a living and see if continued alimony payments are still necessary.

What Factors Can Decrease My Alimony Payments?

You might not be able to avoid alimony payments completely. However, the courts will consider reducing your payments based on the circumstances. Some factors that may lead the courts to reduce your alimony payments include:

• Losing your job
• A decrease in your income
• An increase in your living expenses
• An increase in your spouse’s income
• If you develop a disabling condition

How to Modify My Alimony

You can petition the courts to have an alimony order modified. When you make your petition, you must provide a reason for the courts to reduce or stop your alimony payments. An experienced Michigan divorce lawyer can help you with your petition.

What Happens If I Stop Paying Alimony in Michigan?

Stopping your alimony payments without a court order is a bad idea. You could face a contempt of court charge or other legal consequences. As frustrating as it can be to pay alimony to your spouse, you must follow the court’s orders unless you can change the divorce decree.

Contact the Family Lawyers at Alward Fisher for Help

The Michigan family law attorneys at Alward Fisher provide knowledgeable counsel and aggressive representation to those going through a divorce in Michigan. If you are concerned about alimony and want to discuss your situation, contact us by phone or online for a confidential case evaluation.