Alimony is one of the biggest sticking points in many Michigan divorces, and the outcome of your case can affect your life for years to come. Whether you expect to request spousal support or believe your spouse will seek it from you, you deserve clear, honest guidance from an experienced lawyer.
That’s where the Elk Rapids alimony attorneys of Alward Fisher come in. We have served individuals and families in Elk Rapids and across Northern Michigan for decades, and our team brings over 100 years of combined legal experience to every case we handle. When you choose our team, you get direct access to a lawyer who will take the time to understand your situation and give you a realistic picture of your options.
Contact us today to get started with your initial, fully confidential consultation.
What Is Alimony in Michigan and Who Qualifies?
Alimony, also called “spousal support” in Michigan, is a court-ordered payment or series of payments that one spouse makes to the other during or after a divorce. T The purpose of alimony is to address financial imbalances between spouses and ensure that both parties can meet their needs after the marriage ends.
Either spouse can request alimony regardless of gender, and there’s no minimum marriage length required to qualify. That said, the longer the marriage, the more likely a court is to award support. To qualify, the requesting spouse must demonstrate that they have a financial need and that the other spouse has the ability to pay.
If you and your spouse reach your own agreement on spousal support, the court will honor it as long as it’s fair to both parties. If you can’t agree, a judge will decide based on the specific facts of your case.
Key Factors Michigan Courts Use to Determine Alimony
How is alimony calculated in Michigan? State law gives judges considerable discretion when it comes to deciding whether alimony is appropriate and, if so, how much. Courts typically consider Michigan spousal support factors such as the following:
- The length of the marriage
- Each spouse’s ability to work
- The age and health of each spouse
- Each spouse’s income and earning potential
- The standard of living the parties maintained during the marriage
- The property and assets awarded to each spouse in the divorce
- Each spouse’s financial needs
- Each spouse’s contributions to the marital estate, including non-financial contributions
- The conduct of each spouse during the marriage
- Each spouse’s responsibility to support other dependents
- Whether either spouse lives with a new partner
- General principles of fairness and equity
Types of Alimony in Michigan and How Long They Last
Michigan alimony laws allow for four distinct types of spousal support. Each serves a different purpose and carries different implications for how long payments last, how the court structures them, and whether either party can seek changes down the road.
Temporary Alimony
Temporary alimony covers the period between the filing of your divorce and its finalization. If one spouse earns significantly more than the other, the court may award temporary support to help the lower-earning spouse meet their basic needs while the divorce proceeds. Temporary alimony ends when the judge issues a new support order or integrates the interim award into the final divorce judgment.
Periodic Alimony
Periodic alimony is the most common form of spousal support in Michigan. A court orders it in regular installments, typically on a monthly basis, for either a defined or open-ended period. Short-term periodic alimony, sometimes called rehabilitative support, is meant to give a spouse the financial breathing room they need to finish a degree, build job skills, or re-enter the workforce. Longer-term periodic awards are more common in marriages where the financial gap between the spouses is significant.
Permanent Alimony
Permanent alimony is increasingly rare in Michigan, and courts reserve it for specific situations. Judges typically award it in long-term marriages where one spouse is unlikely to become financially independent due to age, health, or disability. Despite the name, “permanent” doesn’t always mean indefinite. Payments typically end if the recipient remarries or either party dies, and a significant change in circumstances, such as retirement, can still give either party grounds to seek a modification.
Lump-Sum Alimony/Alimony in Gross
With lump-sum alimony, also called alimony in gross, the paying spouse satisfies their entire support obligation in a single payment rather than over time. Courts award this type less frequently, and it often takes the form of real or personal property rather than cash. Courts generally will not modify lump-sum awards, except in cases of fraud.
Can Alimony Be Modified or Terminated?
Yes. Either party can ask the court to modify a periodic alimony award if circumstances have changed significantly since the original order. Common grounds for modification include the following:
- A substantial change in either spouse’s income
- A change in financial need
- The recipient spouse remarrying or cohabitating with a new partner
Courts won’t modify a lump-sum alimony award based on changed circumstances. Modifications for lump-sum awards are generally limited to situations involving fraud.
As for termination, Michigan law automatically ends alimony obligations upon either party’s death or the recipient’s remarriage, unless the divorce judgment specifically states otherwise. If you believe your current support order no longer reflects your situation, an Elk Rapids spousal support lawyer can help you understand your options.
Why Hiring an Elk Rapids Alimony Attorney Matters
At Alward Fisher, our Elk Rapids alimony attorneys understand what’s at stake in alimony cases. When you come to us for help, we work closely with you to develop a strategy tailored to your specific circumstances. We don’t believe in one-size-fits-all advice. We believe in taking the time to understand your situation so we can help you set realistic expectations and fight for results that reflect your needs and your rights. The words of our past clients reflect what we work hard to deliver every day:
“Joe was my Attorney for a divorce. From start to finish Joe told me exactly what was going to happen and it all happened just as he said. Joe’s staff was incredible as well; the whole process was seamless and I feel that I received great value for the fee I paid. I highly recommend Joe Fisher for any legal matter you might have.”
– Jim
Speak with an Elk Rapids Alimony Attorney Today
If alimony is shaping up to be a contested issue in your divorce, don’t wait to get legal advice. At Alward Fisher, our divorce lawyers in Elk Rapids, MI, are here to provide the clear, honest guidance you need to make informed decisions about your future. Contact us today to arrange a fully confidential consultation with our team.