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Allocating Assets After Divorce
The purpose of alimony (also known as “spousal support”) is to ensure that each spouse can meet their financial needs during and after the divorce process. Michigan permits spouses to request alimony if the requesting spouse can demonstrate a financial need that the other party can afford to pay.
Unlike child support, there is no statutory formula in Michigan for determining how much alimony a person should be given. Sarnacki Law Firm can help you build a strong case for or against a claim for spousal support. Get in touch to get started.
How Alimony is Determined in Michigan
While Michigan has no official guidelines regarding how to award alimony, there are several factors that are commonly considered.
- Past relations and conduct of the parties
- Duration of the marriage
- Ability of the parties to work
- Age of the parties
- Ability of the parties to pay alimony
- Present situation of the parties
- Needs of the parties
- Health of the parties
- Prior standard of living of the parties
- Contribution of the parties to joint estate
- General principles of fairness
Whether you are seeking to either request or defend against spousal support, or you want to modify an existing order, David Sarnacki can help. Reach out to us today.
The 4 Types of Alimony in Michigan
- Temporary: Temporary spousal support is available for those who can’t support themselves during the divorce process. In a temporary alimony order, the court may order one spouse to continue covering essential expenses for the other — such as the mortgage, utility bills, car lease, etc. — and/or provide a certain amount of money to cover their financial needs during the divorce process.
- Periodic: Also known as rehabilitative support, periodic support is the most common type of alimony awarded in Michigan. It is typically awarded in instances in which one spouse can be self-supporting, but not immediately, such as if a spouse gave up their career to raise a family.
Periodic support allows the recipient time to develop job skills or finish a degree so that they can become financially independent. While there is no standardized amount of time for which periodic alimony must be paid, the court will often order this type of spousal support within the range of one-third to one-half of the length of the marriage. - Permanent: Permanent alimony is the exception in Michigan. It is reserved for cases in which the parties were married for an extended period of time and the recipient is unable to become financially independent due to age, health, or disability. Moreover, “permanent” is not necessarily permanent. It is modifiable.
- Lump-sum: Also referred to as “alimony in gross,” lump-sum support is when one party agrees to pay the entire support amount in one payment. The benefit of lump-sum alimony is that there is no continuing obligation to an ex-spouse. The downside is that it may require paying a significant amount of money upfront.
There are limited circumstances in which the parties may choose nonmodifiable alimony. While this is a topic dependent on very specific facts in a case, the parties may agree to nonmodifiable spousal support, but a judge cannot order it over the objection of either party.
Modifying A Spousal Support Order
Courts understand that circumstances change. If you can provide evidence of a significant change in circumstances since an alimony order was made, the court may agree to modify your current order. Common changes in circumstances that may lead to a modification include:
- Remarriage or cohabitation with a new partner: While this might trigger termination of support or justify changing an alimony order, it may be deemed sufficient by the terms of the judge’s order or by the alimony recipient receiving some amount of financial support from their new partner.
- A change in need of the parties: In instances when a recipient’s need for support decreases or ceases, such as if they get a job with a higher salary or large inheritance, either spouse may request for a decrease or increase in the amount of support paid or received.
- Financial emergency: Should either spouse experience a financial emergency, such as a large medical bill, temporary disability or layoff, they may request for a decrease or increase in the amount of alimony paid or received.
- Difference in the payer’s ability to pay: Should the payer suddenly experience a decrease in income, for instance in the case of being fired or demoted from a job, they may request a decrease in the amount of alimony they must pay.
If you wish to modify a spousal order, either as the recipient or payer, Sarnacki Law Firm can help. Modifying alimony requires providing evidence in court, and Dave Sarnacki has the litigation experience and expertise you need to make a strong case in support of your request. Get in touch with us today for more information.
Contact Sarnacki Law Firm for Your Alimony Needs Today!
Your future matters. Whether you’re looking to request court-ordered spousal support, or you want to modify an existing alimony order, Sarnacki Law Firm can help you get the results that you desire and deserve. Reach out to us today to discuss your situation and schedule an initial case assessment consultation. We look forward to working with you.
