If you are thinking about divorcing your spouse, the financial aspect may be your greatest concern because no matter your income level, your financial situation can take a hit when you divorce. Spouses who didn't work or worked less while married financially dependent on the other spouse. The court may order spousal support rather than allow the spouse to drop to a lower standard of living or worse become a public charge.
Spousal support may not be awarded where both spouses work and have a similar income. Regardless, it is still an important component of any divorce where the financial disparity requires it. If you have questions about spousal support, whether you are the one who wants alimony or the one who does not want to pay it, contact North Oakland Divorce Lawyer. .
Alimony in Michigan
When a court awards alimony in Michigan (the situation where one spouse pays another spouse a court-ordered payment for a certain amount of time during or after a divorce). In Michigan.
Spouses can agree upon the terms of Spousal Support, but if you fail to agree, the spouse seeking support must file a formal notice with the court to request alimony.
Alimony can be temporary or permanent. It can also be a lump-sum versus periodic monthly payments, the latter of which is the norm. Further, Spousal Support is not always in the form of money but can include a property transfer. Both lump-sum payments and property transfers are non-modifiable once the order is issued. That means if circumstances change, the alimony will not change. However, when it is in the form of periodic payments, Spousal Support may be modifiable depending on whether the spouses agree to make in nonmodifiable.
Factors Determining the Amount of Spousal Support
The circumstances of the spouses going through a divorce will determine both the amount and the duration of alimony payments. Some of the most important factors that might influence alimony include but are not limited to:
- The length of the marriage
- Age of the spouses
- Mental or physical condition of each spouse
- The income disparity between the spouses
- The likelihood that the financially-dependent spouse can secure a well-paying job
- Professional skills or educational accomplishments of the dependent spouse
- The couple's standard of living during the marriage
- Individual assets of each spouse
- How long it would take for the dependent spouse to become self-sufficient
- Any children and if child support will be needed
As mentioned above, you and your spouse can determine the amount by an agreement without interference of the court.
Termination of Spousal Support in Michigan
An end date can also be determined by agreement between the spouses, but if not, the court will determine it. Other times or in lieu of an end date, spousal support may terminate if one of the following occurs:
- The supported spouse remarries or cohabitates; or
- Either spouse dies.
A significant event may occur, too, which prompts an end to Spousal Support. In that case, it's determined on a case-by-case basis. Regardless of the reason to terminate Spousal Support, evidence may need to be provided to support the reason for termination.
Spousal Support Enforcement in Michigan
Once a Spousal Support order is signed by a judge, it is enforceable. Most times, payment is set up through the employer and automatically sent to the supported spouse. Other times, the paying spouse pays the supported spouse directly. The arrangement of spousal support payments will be included in the order.
If the paying spouse fails to pay, they can be held in contempt of court and could face fines and penalties. The supported spouse can file a show-cause action with the court and a hearing will be set.
Contact a Spousal Support Lawyer in Michigan Today
If you are seeking a divorce, you should always get the advice and guidance of a divorce lawyer. At North Oakland Divorce Lawyer, our family law attorney will provide the support and representation you need, including your efforts to obtain, argue against, or modify alimony. Contact us online or directly at 248-608-4123 to schedule a consultation.