Spousal support, the formal name for alimony in Michigan, is court-ordered financial assistance that one spouse pays another after a divorce. It is not meant to be a permanent obligation but rather a stopgap measure to help the recipient spouse become self-sufficient.
Courts in Michigan consider several factors when determining the necessity and amount of spousal support, including the following.
- Length of the marriage — The duration of the marriage is a significant factor. Generally, longer marriages are more likely to result in spousal support awards. This is because the longer the marriage, the more likely it is that one spouse may have sacrificed career opportunities to raise children, thus making it more difficult for that spouse to reenter the workforce at a suitable level of salary and benefits.
- Earning capacity of each spouse — This includes their current income, employment history, education, skills and potential for future earnings. A spouse with limited earning capacity due to a lack of skills or work experience is more likely to receive support. If both spouses have similar earning capacities, the need for support diminishes.
- Age and health of the spouses — Older spouses or those with health issues may have limited opportunities to gain employment or increase their earning capacity.
- Financial resources of each spouse — Courts evaluate each spouse’s assets, property and income from all sources. A spouse with substantial financial resources may not need support, while a spouse with limited assets may.
- Standard of living established during the marriage — Courts aim to ensure that both spouses can continue a lifestyle similar to what they experienced during the marriage.
- Whether either spouse has other dependents — If either spouse has additional dependents, such as children from a previous marriage, the responsibility of supporting them can affect the spouse’s financial capacity.
Spousal support can be awarded as a lump-sum payment or as periodic payments. The choice between these methods depends on the financial situations and preferences of the parties. A lump sum may be suitable in cases where a clean financial break is preferred. Periodic payments, typically monthly, are more common and can be adjusted over time based on changes in circumstances.
The duration of spousal support varies with the circumstances. It can be short-term, lasting just long enough for the recipient to find sufficient income to maintain a reasonable standard of living. Or it can be long-term in cases involving lengthy marriages or significant disparities in earning capacities. Spousal support terminates upon the death of either party or the remarriage of the recipient. It can also terminate if the recipient cohabits with another intimate partner and if there is financial interdependence and sharing of expenses between them.
Dawson Family Law, PLLC in Sterling Heights assists Michigan residents in matters relating to spousal support determinations and other aspects of divorce. Please call or contact me online to schedule a free initial consultation.
