For those people who are reliant upon their spouse's income, divorce can present a major challenge to their way of life. However, in many cases these husbands or wives are more than likely eligible for some form of alimony to help them maintain the standard of living to which they have become accustomed either during the divorce (through temporary orders) or after the divorce (or both).
Spousal support is often one of the most common points of contention in divorce. Michigan law provides for spousal support (formerly called alimony) on a case-by-case basis. However, the law does not clearly state how alimony payments should be determined in every case. Rather, a range of factors are weighed and considered by the court.
We have built a reputation for the skill and sensitivity with which we can address your divorce and spousal support concerns, especially when your questions are complex. Marriages are as individual as the parties involved. We believe that the solutions we offer and the services we provide should be just as personalized.
What is Spousal Support?
Spousal support may be temporary, short-term or long-term depending on a number of factors which courts must consider. Spousal support may be granted, for a few years, to aid someone in "getting back on their feet" or getting the education it takes to be self supporting. Spousal support may also be granted, in the proper case, on a permanent basis lasting until the recipient dies or is remarried or cohabitates. Sometimes the amount or length of spousal support obligations is permanent and sometimes the court reserves jurisdiction to reconsider and amend the support amount.
The courts consider these and other factors when determining if support should be awarded as well as the amount and duration of alimony awards:
- Conduct of the parties during marriage, including infidelity or substance abuse
- Prior standard of living of the parties
- Health and ages of the parties
- Length of the marriage
- Ability to be self-supporting
- Amount of property and incomes of both parties
- Needs of the parties
Clients often inquire about the calculation of support when income depends on one-time bonuses or income which may vary with time and/or other factors. There are also concerns that arise when one spouse accuses another of hiding marital assets or manipulating reported income by refusing promotions or accepting deferred compensation. We will take the time to address these client concerns and utilize our extensive network of professional resources when dealing with a high asset divorce.
Our service also include filing actions for alimony, defending against alimony claims, petitioning for modifications and seeking enforcement of alimony orders.