Understanding Alimony and Spousal Support in Grand Rapids
Understanding Alimony and Spousal Support in Grand Rapids
Navigating the financial aspects of a divorce can be challenging, and alimony is designed to ensure fairness and financial stability for both parties. At Sarnacki Law Firm, we help you understand your obligations regarding alimony and spousal support in Grand Rapids, and we fight for your rights.
What is Alimony?
Alimony, or spousal support, is financial assistance provided by one spouse to the other during or after a divorce. Its purpose is to ensure that both parties can meet their financial needs and maintain a reasonable standard of living.
The 4 Types of Alimony in Michigan
- Temporary Alimony
Temporary spousal support may be granted during the divorce process to cover essential expenses like mortgage payments, utility bills, and other immediate financial needs. This support helps maintain stability until the divorce is finalized.
- Periodic Alimony
Also known as rehabilitative support, periodic alimony is the most common type awarded in Michigan. It is designed for spouses who need time to become self-supporting, such as those who sacrificed their careers to raise a family. The duration of periodic alimony often ranges from one-third to one-half the length of the marriage.
- Permanent Alimony
Permanent alimony is rare in Michigan and typically reserved for long-term marriages where one spouse cannot achieve financial independence due to age, health, or disability. This support continues indefinitely, providing lifelong financial assistance. Moreover, “permanent” is not permanent. It is subject to modification or termination based on a significant change in circumstances.
- Lump-Sum Alimony
Lump-sum alimony involves a one-time payment instead of ongoing support. While this option eliminates future financial obligations, it requires a significant upfront payment, making it less common.
While Michigan has no official guidelines regarding how to award alimony, there are spousal support factors to consider, including: 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, and general principles of equity.
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. The amount and/or duration would be fixed, and neither party could ask the court for a modification in the future. In the absence of agreement, a judge cannot order nonmodifiable spousal support over the objection of either party.
Modifying Alimony Orders
Life circumstances can change, and alimony orders can be modified if there is a significant change in circumstances.
Common reasons for modification include:
- Remarriage or Cohabitation with a New Partner: While this might trigger termination of support or justify changing an alimony order, this change may sufficient by the terms of the judge’s order or by the alimony recipient receiving some amount of financial support from their new partner.
- Change in Financial Needs: An increase in the recipient’s income or financial stability may warrant a reduction in alimony.
- Financial Emergency: Significant unexpected expenses, such as medical bills, temporary disability or layoff, can lead to a request for modification.
- Change in Payer’s Income: A decrease in the payer’s income, such as job loss or demotion, may justify a reduction in alimony payments.
How Sarnacki Law Firm Can Help
Whether you are seeking alimony or need to modify an existing order, David Sarnacki provides the expertise and support you need. We help you build a strong case, present evidence in court, and navigate the complexities of alimony law to achieve the best possible outcome.
Contact Sarnacki Law Firm today to discuss your alimony needs and learn how we can help you secure a fair and equitable financial future.
