Michigan Spousal Support Attorneys
Representing Men in Spousal Support Cases in Oakland, Macomb, Wayne, Livingston, Washtenaw, Monroe, Lapeer & St. Clair Counties
If you are going through a divorce, you might be wondering if you have to pay spousal support, also known as alimony. The court may order you to pay alimony if your spouse has financial needs. Spousal support can be temporary or permanent and may be awarded only during the divorce process or after the divorce is finalized. If you are unhappy with your spousal support agreement, the attorneys at the American Divorce Association for Men may be able to help you assuming your agreement is modifiable. Our Detroit spousal support lawyers have over 30 years of experience helping men with their family law cases.
How is Spousal Support Determined?
You and your spouse can come up with a spousal support agreement on your own. There are a number of ways for spouses to reach a spousal support agreement without the court’s help, including:
- Prenuptial agreements
- Postnuptial agreements
- Arbitration
- Mediation
However, if you and your former spouse cannot agree, the court will determine a plan for you after giving you and your attorney a chance to present your case.
What Factors Does the Court Consider When Determining Spousal Support?
There is no set formula that the judge can use to calculate spousal support. Instead, the judge considers various factors when determining if spousal support should be awarded and how much.
The following factors are used when determining spousal support:
- Length of the marriage
- Ability to work
- Source and amount of property awarded
- Ages of the parties
- Ability to pay
- Past relations and conduct
- Present and future needs
- Health of the parties
- Marital standard of living
- General principles of equity
Because the court does not use a set formula, the amount of spousal support that is ordered can vary drastically from case-to-case. This is why it’s so important to have an experienced attorney by your side who can aggressively protect your rights and ensure the final order is in your best interests.
How Long Will I Have to Pay Spousal Support?
One of the common questions that divorce clients ask is how long they will have to pay spousal support. To decide the duration of spousal support, the judge will look at various factors, including the duration of the marriage, each party’s contributions to the marital estate, both spouses’ ages, and the parties’ needs and circumstances.
What Are the Different Types of Spousal Support in Michigan?
There are several types of spousal support in Michigan. Sometimes a judge orders spousal support to be paid all at once. This is called “lump-sum” spousal support. Other times spousal support is paid over time, in monthly or yearly payments—this is called “periodic” spousal support. Lump-sum spousal support is unusual and will only be done by agreement.
Periodic spousal support may be either rehabilitative or permanent. Rehabilitative is a type of temporary spousal support that is ordered by the court to help the receiving spouse while they work toward self-sufficiency. The purpose of rehabilitative spousal support may be to:
- Help the dependent spouse make ends meet while they find full-time employment.
- Give the dependent spouse time to learn new skills or complete educational courses that they can use to find employment and support themselves.
- Allow the dependent spouse to slowly transition to their new life of independence.
Periodic spousal support can also be permanent. This type of spousal support is typically awarded when there is:
- A long-term marriage where the dependent spouse has no career or marketable skills.
- A significant difference between the two spouses’ individual incomes.
- A spouse who sacrificed their career to take on the homemaker role for the family.
- A spouse who is unable to support themselves due to a mental or physical disability.
Permanent spousal support will typically continue until the dependent spouse’s death or remarriage.
Can Spousal Support Be Modified?
You can ask the court to modify the initial spousal support order if there are new facts or circumstances that justify a change. Some examples of new facts or circumstances that warrant a spousal support modification include:
- Cohabitation
- Retirement
- Change in income
- Remarriage of the payee
- Changes in child support
You must continue to comply with the terms of the initial spousal support order until the court approves your modification request.
Work with Our Michigan Spousal Support Lawyers
If you are unhappy with your spousal support agreement, contact the attorneys at the American Divorce Association for Men. Our team has over 30 years of experience helping men through family cases. We have the knowledge and experience needed to help you obtain the best possible results for you case. We understand how overwhelming spousal support cases can be, but we are here to help guide you through the process. Call our Michigan spousal support attorneys today for a free case review!