Linda E. Wasielewski, P.L.C.

SPOUSAL SUPPORT

Spousal support, formerly called alimony, is certainly still awarded in Michigan divorce and separate maintenance cases.

If the factors are met, spousal support can be awarded to either a man or a woman - either party - in a divorce or separate maintenance case.

Some people believe that you have to be married at least ten years to receive spousal support in Michigan.  That is also untrue.  There is no specific number of years that one must be married to receive spousal support in Michigan.   However, spousal support is rarely awarded in a short term marriage.

The Factors Used in Determining a Spousal Support Award

There are several factors that are considered by the judge when determining whether spousal support should be awarded in a divorce or separate maintenance case. The factors to be considered, evaluated, and determined by the judge are:

• The past relations and conduct of the parties.

• The length of the marriage.

• The ability of the parties to work.

• The source and amount of the property awarded to the parties.

• The age of the parties.

• The ability of the parties to pay alimony.

• The present situation of the parties.

• The needs of the parties.

• The health of the parties.

• The prior standard of living of the parties and whether either is responsible for the support of others.

• General principals of equity.

There is no specific mathematical formula for determining whether or not spousal support should be awarded nor for the amount that should be awarded.  Finally, there is no formula for determining the length of time for an award.  Each case is dependant upon the unique factors of the case.

Spousal support arrangements can vary greatly. Support can be permanent or temporary, be paid monthly, or in a lump sum. Inequities in income or earning potential can be resolved through property distribution settlements that balance the couple’s assets. Another issue commonly tied into spousal support matters is health care. When one spouse has stayed home to care for the family, they run the risk of losing health care benefits once a divorce is final.