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Many people seem to think that alimony is no longer around in Michigan but that is simply not true.  Alimony is called spousal support and it is alive and well in Michigan.  Very frankly, it is the biggest grey area in family law or divorce.  This blog is written to broadly address the factors the court may consider if a divorce goes to trial and which of those factors come into play most often when determining alimony.  If you have specific questions about spousal support, please do not hesitate to schedule a consultation by clicking on this link or calling (248) 608-4123.

What Are The Alimony Factors?

Unlike child support that is determined by a formula, spousal support is supposed to be determined through an analysis of the following factors: (1) the past relations and conduct of the parties, (2) the length of the marriage, (3) the abilities of the parties to work, (4) the source and amount of property awarded to the parties, (5) the parties' ages, (6) the abilities of the parties to pay alimony, (7) the present situation of the parties, (8) the needs of the parties, (9) the parties' health, (10) the prior standard of living of the parties and whether either is responsible for the support of others, (11) contributions of the parties to the joint estate, (12) a party's fault in causing the divorce, (13) the effect of cohabitation on a party's financial status, and (14) general principles of equity.  After considering all of those factors, then the court is required to determine whether alimony is proper in the case and if so, how much should be paid per month and for how long.

What Is Most Important For Alimony in Michigan?

While ideally the court and the attorneys would consider all of the factors, in most cases, given the time and costs involved with proving some of these factors and because in most cases it behooves the clients to settle the case in mediation, only some of the factors really get considered in each case.  The main factors that will almost always be taken into account are: the length of the marriage, the ability of the parties to work (including each party's current income, education and work experience), the parties' ages, ability to pay alimony and the parties health.  In some cases where there has been extreme and/or undeniable fault by one party, that may be taken into account in mediation and negotiation.

Typically, if you want to go beyond those factors, then you will have to consider going to trial and proving that the other factors favor you.  This is always a gamble but in some cases it is worth it.  This most often happens when one side is unrealistic with their demands in negotiation or mediation, leaving no choice but to take the case to trial.  Alternatively and less often, the cases are so unique that it is worth taking the case to trial due to some severe or extreme behavior or oddly unique set of circumstances that would potentially result in a significant difference to how much and how long or whether alimony is awarded at all.

This blog was written to very broadly address the most important, or at least the most often considered factors when negotiating or mediating alimony.  If you are interested in a consultation to discuss your personal situation, please click on this link to schedule a consultation or call us at (248) 608-4123.