Michigan Alimony Laws

Yes, alimony, often referred to as spousal support, is a consideration in Michigan divorce proceedings. It’s designed to ensure that neither party is left in financial hardship following the dissolution of a marriage.

How Long Do You Have to Be Married in Michigan to Get Alimony?

Michigan alimony laws do not set a specific minimum duration of marriage to qualify for alimony. However, the length of the marriage is a factor that courts consider when determining if alimony should be awarded and, if so, for how long. Generally, longer marriages are more likely to result in alimony awards than shorter ones.

How Is Alimony Calculated in Michigan?

There isn’t a fixed Michigan alimony calculator, as in some other states. Instead, the courts evaluate several factors to determine the amount and duration of alimony, including:

The Parties’ Ages and Health

The age and health of each spouse can significantly impact their ability to be financially independent post-divorce. An older individual or someone with significant health issues might have a harder time re-entering the workforce or maintaining employment.

If one party is disadvantaged due to age or health, they might be awarded higher or longer-term alimony to ensure they are not financially distressed.

The Length of the Marriage

The duration of the marriage can signify the extent to which the lives and finances of the two parties are entwined.

Typically, longer marriages may result in more significant alimony awards because one spouse might have become more financially dependent over time or given up career opportunities to support the family or household.

The Needs of Each Party and Their Ability to Pay

This involves evaluating the financial necessities of the party seeking alimony and contrasting it with the other party’s capacity to provide support.

If there’s a stark contrast between the financial needs of one spouse and the other’s ability to pay, alimony can be adjusted accordingly to strike a balance.

The Parties’ Past Relations and Conduct (e.g., If There Was Adultery)

This considers the behavior of both spouses during the marriage, especially if it had financial implications or significantly impacted the marital relationship.

The Parties’ Ability to Work and Their Respective Incomes

Each spouse’s employment capabilities and income give insight into their financial independence post-divorce.

If one spouse has a significantly higher earning capacity than the other, they might be required to pay more in alimony. Conversely, if the spouse seeking alimony has a good job and a substantial income, their alimony might be reduced or denied.

The Source and Amount of Property Awarded to the Parties

This pertains to the division of assets during the divorce and how it affects each party’s financial situation.

If one party receives a substantial amount of property or assets in the divorce, their need for alimony might be reduced. Conversely, if one spouse has fewer assets or resources, they may be awarded more in alimony to compensate.

How Long Does Alimony Last?

Alimony payments are temporary. The duration typically depends on the factors listed above. Sometimes, alimony might be short-term to allow one party to gain the necessary skills or education. In other situations, it might be long-term, especially following a long marriage where one party has never worked.

How Do You Petition for Alimony?

To petition for alimony in Michigan, you need to follow these steps.

First, you must determine eligibility for alimony based on Michigan’s laws and guidelines. Some factors that may affect your eligibility include the length of your marriage, your income and assets, your spouse’s income and assets, your age and health, your contributions to the marriage, and any marital misconduct.

Second, you need to file a petition or motion for alimony with the court that has jurisdiction over your divorce case. You may need to fill out specific forms and provide financial information and documentation to support your request. You may also need to pay a filing fee or request a fee waiver if you cannot afford it.

Third, you must serve a copy of your petition or motion for alimony to your spouse or lawyer. You may need a process server or a sheriff to deliver the papers. You may also need to file a proof of service with the court.

Fourth, you need to wait for your spouse’s response. Your spouse may agree, disagree, or counter your request for alimony. If your spouse agrees, you can submit a consent order to the court for approval. If your spouse disagrees or counters, you may need to negotiate with your spouse or go to a hearing or trial.

Fifth, you need to follow the court’s order regarding alimony. Depending on your situation, the court may award temporary, periodic, permanent, or lump-sum alimony. The court may also modify or terminate alimony in the future if there is a change in circumstances.

Here are some common changes in circumstances that could lead to such alterations:

• Remarriage of the Receiving Spouse: One of the most common reasons for termination of alimony is when the spouse receiving the support remarries. In many jurisdictions, alimony ends automatically upon remarriage.
• Cohabitation: If the receiving spouse begins living with a new partner in a relationship that resembles a marriage, some courts may view this as a change in financial circumstances and might reduce or terminate alimony.
• Significant Increase in the Receiving Spouse’s Income: If the spouse receiving alimony gets a high-paying job or comes into a significant amount of money, this could be grounds for reducing or ending support.
• Retirement: The paying spouse’s retirement might be a reason to modify alimony, especially if retirement significantly decreases income. However, this does not automatically guarantee a reduction or termination.
• Changes in Health: If either party experiences significant health issues that affect their financial situation – such as the paying spouse becoming disabled and unable to work or the receiving spouse having increased medical expenses – this could be grounds for modification.
• Financial Emergency: If the paying spouse faces an unexpected financial crisis, they may petition the court for temporary relief from alimony payments. Similarly, if the receiving spouse faces an emergency, they might ask for increased support.
• Job Loss or Decreased Earnings: If the paying spouse loses their job or faces a substantial pay cut, they might request a reduction in alimony. The court will consider whether the job loss was voluntary and the efforts made to secure new employment.
• Death: Alimony typically ends if the paying or the receiving spouse dies. However, some alimony agreements or orders might include provisions for continued payments to the deceased’s estate or beneficiaries for a certain period.
• Expiration of Temporary Alimony: Sometimes, alimony is awarded for a specific period to allow the receiving spouse to become financially self-sufficient. Once this period ends, alimony typically stops.
• Failure to Comply with Court Orders: If the receiving spouse doesn’t comply with specific court orders or conditions, such as seeking employment or furthering their education, alimony might be modified or terminated.

If you believe your alimony should be modified due to changed circumstances, you generally cannot just change the payment amount on your own. You must petition the court for a modification with the help of a Michigan alimony lawyer, and it will be up to the court to decide whether the change is warranted.

Does Cheating Affect Alimony in Michigan?

Michigan is considered a “no-fault” divorce state, meaning one does not need to prove wrongdoing (like adultery) to get a divorce. However, when it comes to alimony, the courts can consider the parties’ conduct when deciding on an alimony award. So, while cheating doesn’t automatically impact alimony, it could potentially influence a judge’s decision, especially if it has financial implications for the marriage.

Where Can You Find the Right Lawyer?

If you need help with alimony in Michigan, having experienced legal representation is essential. A Michigan family law attorney can provide guidance tailored to your situation, ensuring you understand your rights and potential outcomes.

Looking for a dedicated Michigan alimony lawyer? LegalMatch can connect you with qualified attorneys who practice family law. Don’t go it alone—seek professional advice through LegalMatch today!