How Is The Payment for Alimony or Spousal Support Determined

  How To Determine The Amount Of A Party's Payment For Alimony And Spousal Support In Michigan - b10965How To Determine The Amount Of A Party's Payment For Alimony And Spousal Support In Michigan - spacer

    Alimony (now referred to as spousal support) may be granted to either spouse if the Court deems it necessary for the support and maintenance of one of the parties after the divorce. Determination of Alimony is based upon the financial situation of the divorcing couple. The statute allows the trial court to award spousal support in an amount that it determines to be "just and reasonable".
 
The Law Regarding Alimony and Spousal Support

     In the state of Michigan, Alimony is determined on a case by case basis in which the court will examine the following factors to decide what amount of Alimony/Spousal Support is warranted:

  •  The past relations and conduct of the parties; Infidelity and/or Substance Abuse can play a role in determining the amount of support to be paid, even though Michigan is a No-Fault divorce state.
  • The length of the Marriage; A longer period of marriage coupled with one spouse having no career or marketable skill can be a significant part of the Spousal Support equation when reviewed by the court.
  • The ability of the parties to work; Temporary awards of spousal support are rigidly scrutinized by the courts if it is determined or, at the least, questioned as to whether or not the spouse awarded support is capable of working after the support lapses.
  • The source and amount of property awarded to the parties; once given by the courts, either side should not have to forfeit their property in order to support themselves.
  • The parties ages; This factor bears relevance when discussing the capability of the parties to support themselves.
  • The abilities of the parties to pay alimony; This factor is especially important to verify that one side will not be unduly punished by the implementation of alimony payments to the other party. It also serves to determine whether one party is significantly lessening their income in order to avoid paying spousal support.
  • The present situation of the parties; Takes into consideration the need for spousal support with the foreseeable future needs of the one receiving support.
  • The needs of the parties; The court will evaluate various present and future factors to determine the need for support.
  • The health of the parties; A parties health is especially relevant to their ability to work as well as their personal needs for support.
  • The prior standard of living of the parties and whether either is responsible for the support of others; A spouse seeking support should not be deprived of their right to enjoy the standard of living had the marriage survived.
  • Contributions of the parties to the joint estate. This takes into consideration who put what into the "Marital Pool." It, as with all the other factors, just helps guide the decision of the courts.
  • General principles of equity; These factors take into consideration the ability of one party to pay the other party, the fairness of granting support, as well as other fairness issues.
     If you would like to have a free consultation with an experienced attorney, kindly contact The Cutler Law Firm at 248-489-8780 or completeTHE CONTACT FORM and an Attorney will promptly respond to your inquiry.
     Michigan courts will look at the following factors, applying different weights to each depending on the situtation:
  • Duration of the marriage
  • The parties' contributions to the marital estate
  • Parties' ages
  • Parties' health
  • Parties' level in life
  • Parties' necessities and circumstances; AND
  • Respective earning abilities.

     
 
How To Determine The Amount Of A Party's Payment For Alimony And Spousal Support In Michigan - freeconsultation
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