An Overview of Michigan Spousal Support
Spousal support, also known as alimony, is money paid from one spouse to the other for a period of time after their divorce is final. Broadly speaking, the purpose is to provide suitable support for the spouse with less resources, so they do not have to rely on government assistance post-judgment.
Next to child support, spousal support is one of the biggest concerns our clients have when going through a divorce. And, like child support, the amount of spousal support can often feel unfair whether you are the one receiving it or the one paying for it. The key difference from child support, however, is that that spousal support is NOT recommended in all cases, and there is no set formula for determining the “correct” amount. This means there is room for negotiating the particulars with regards to amount, duration, or whether it should be awarded at all.
This blog explores the basics of spousal support in Michigan and why it is important to have a knowledgeable advocate on your side. To find out how spousal support applies in your case, you will need to call the Bloomfield Family Law Firm today for your own customized consultation.
The Basics
Spousal support in Michigan will be awarded if it is just and reasonable under the circumstances of the case. In making this determination, the court will consider the following factors (in no particular order):
The length of the marriage (typically 10+ years)
The ages of the parties
The needs of the parties
The health of the parties
The ability of the parties to work
The present situation of the parties
The ability of the parties to pay spousal support
General principles of equity (i.e., what’s fair)
The source and amount of property awarded in the divorce
How cohabitation affects a party’s financial status
The prior standard of living of the parties and whether either party is responsible for the support of others
The parties’ contributions to the joint estate
A party’s fault in causing the divorce
The past relations and the conduct of the parties
Please note that a party’s fault in causing the divorce does not automatically warrant an award of spousal support. Rather, it is one of many factors affecting the overall determination. This concept is often difficult for people to accept because there is a lot of pain surrounding the reasons for divorce, particularly with allegations of infidelity.
Negotiating Spousal Support
When spousal support is warranted, it is always best practice to have an attorney on your side to argue the appropriate amount (more if you’re receiving support, and less if you’re paying it). Then, when there is a general consensus as to what is fair, the spousal support piece can be used as a bargaining chip in settlement negotiations. Example 1: “How about I give you the equity in the house in exchange for no spousal support?” Example 2: “What if you pay me a higher amount per month in exchange for a shorter duration?”
Spousal support can ultimately take any form agreed upon by the parties, whether that is a lump sum, rehabilitative support, modifiable support, non-modifiable support, or other. The current trend is rehabilitative support, which is temporary spousal support meant to assist the financially dependent spouse while they transition to financial independence. Of course, the length of support will depend on the situation. This tends to be a good option for younger people who need to complete a college degree or other specialized training to obtain employment.
The longer the marriage, the stronger the likelihood of permanent spousal support – although the word “permanent” is a bit misleading. Permanent spousal support generally continues until the recipient’s death or remarriage, whichever comes first. Permanent support can be modifiable or non-modifiable, meaning it can either change in the future or it can’t.
If spousal support is modifiable, then the party seeking to change the support obligation must show a change in circumstances, such as job loss, significant health decline, or retirement. Permanent support is a good option when the recipient is older in age and unlikely to fare well in the job market.
If spousal support is non-modifiable, then the party seeking to change the support obligation must show fraud, duress, or mutual mistake. This is because settlement provisions in a Judgment of Divorce are considered final, and we don’t want to open them up to on-going litigation. Examples of non-modifiable spousal support provisions are lump-sum awards or the payment of a definite amount over a fixed period of time. A trial court may not order non-modifiable spousal support, so support orders are only non-modifiable if the parties agree to it.
Putting it All in Writing
Your Judgment of Divorce should state very clearly whether spousal support was awarded or not, and the considerations made by each party in reaching that determination. Don’t worry, your attorney will know that best language to use. The Judgment should also incorporate a Uniform Support Order (USO) or state that none is required.
Sometimes divorcing couples use only one attorney in an effort to save money on their divorce. This is a huge mistake. We strongly advise you to speak with your own attorney before signing any documents waiving your right to spousal support. Remember, a single attorney is not permitted to represent both parties in a divorce, so any documents they create will naturally favor their own client.
Enforcement through Friend of the Court
There are many ways to collect and enforce spousal support. Perhaps the most common way is through the office of the Friend of the Court, which has statutory authority to enforce support orders (child and spousal) by withholding income from a payor’s wages and tax refunds, putting liens on property, contempt proceedings, and the suspension of state licenses.
Divorcing parties with support orders do have the option of “opting out” of Friend of the Court services if certain criteria are met. However, this would mean taking full responsibility for managing and enforcing your own support order.
Modifications
Modification may be obtained by filing a motion or petition with the court. It is extremely critical to file the petition for modification as soon as possible, as the right to retroactive modification is limited. The party seeking to change the support order has the burden of proof to show that the change is justified. The standard of proof depends on whether the support provision is modifiable or non-modifiable, as previously mentioned.
Contact the Bloomfield Family Law Firm
We take an in-depth, customized approach to each case making sure you have the experts, resources, and information you need to get the best possible outcome if and when support is modified. Call today to learn more about Michigan spousal support.
