Oakland County Spousal Support Attorney
How is spousal support determined in Michigan?
Michigan is a no-fault divorce state, but there is only one standard for a divorce in Michigan, which is stated in MCL 552.6(1), which requires "there has been a breakdown of the marriage relationship to the extent that the objects of matrimony have been destroyed and there remains no reasonable likelihood that the marriage can be preserved.
The party who files for the divorce in Michigan is known as the plaintiff, and this person cannot state any other reason than the above requirement as a grounds for a Michigan divorce. The plaintiff cannot provide anymore detail of why they are requesting the divorce. The defendant is the other spouse, and this party may either admit or deny the allegations of the plaintiff. Even if the defendant admits to the plaintiff's claim, a divorce judgment in Michigan may not be entered until evidence is presented in open court that there has been a breakdown in the marriage relationship. A divorce ends a valid marriage in Michigan
For a court to a Michigan divorce judgment, it must have jurisdiction over the two parties, and the residency requirements must be met, which are listed in MCL 552.9(1), which states
(1) A judgment of divorce shall not be granted by a court in this state in an action for divorce unless the complainant or defendant has resided in this state for 180 days immediately preceding the filing of the complaint and, except as otherwise provided in subsection (2), the complainant or defendant has resided in the county in which the complaint is filed for 10 days immediately preceding the filing of the complaint.
(2) A person may file a complaint for divorce in any county in the state without meeting the 10-day requirement set forth in subsection (1) if all of the following apply and are set forth in the complaint:
(a) The defendant was born in, or is a citizen of, a country other than the United States of America.
(b) The parties to the divorce action have a minor child or children.
(c) There is information that would allow the court to reasonably conclude that the minor child or children are at risk of being taken out of the United States of America and retained in another country by the defendant.
What's the difference between Michigan rehabilitative spousal support and permanent support?
In Michigan, rehabilitative spousal support is to help a spouse who was previously financially dependent on the other spouse transition into self-support. Rehabilitative spousal support in Michigan can be for any number of years, which the court decides is appropriate for the rehabilitation. Permanent spousal support in Michigan would continue to the death or remarriage of the spouse receiving the support.
How is spousal support awarded in Michigan, and how does the court determine how much?
In Michigan spousal support is determined by 11 factors:
- past relations and conduct of the parties
- the length of the marriage
- the ability for the parties' to work
- source and property awarded to the parties
- the age of the husband and wife
- the ability of a party to pay spousal support
- the present situation of the husband and wife
- the needs of each person
- the health of each person
- the prior standard of living, and whether the parties support others (kids)
- what's fair and equitable?
There is no exact formula like there is for child support in Michigan divorces. Here in Michigan, judges rely guidelines for spousal support, but not in the same way as child support, which is mandated as a tool for determining child support in Michigan.
Can Michigan spousal support be part of a prenuptial/antenuptial agreement?
Yes, a Michigan antenuptial agreement more commonly known as a prenuptial agreement is an agreement in contemplation of marriage, and Michigan courts have found them to be valid and enforceable. Spousal support provisions can be part of this agreement prior to entering a marriage. Michigan courts will generally enforce the spousal support agreement unless there has been a change in the facts and circumstances since the agreement was executed, and its enforcement would be unfair and unreasonable. It is more likely that a antenuptial agreement barring spousal support would be upheld in a short term marriage vs a long-term marriage in Michigan. The court would need to closely examine the facts and circumstances, and determine the fairness of that agreement.
Will Michigan courts consider fault in awarding spousal support?
Yes, fault may be considered in Michigan cases, but the court cannot assign a disproportional value to this one factor. A Michigan court must make findings on each of the above 11 factors, and the record must reflect the court's reason for the amount of the award. The court will look to be just and reasonable under the circumstances of each individual case.
Is spousal support modifiable in Michigan?
Yes, in Michigan, spousal support can be modified due to a change in the circumstances unless the parties have previously agreed that spousal support will be barred from modification This is different than child support in Michigan divorce cases, which the parties cannot make any agreements about modification.
A person receiving spousal support in Michigan will no longer be entitled to the support if they re-marry, absent an agreement between the parties. Simply living with an other adult is not considered the same as re-marriage by purposes of terminating spousal support. If the payor dies, this does not terminate the obligation to pay the other spouse; the recipient spouse is entitled to continued support from the estate of the payor spouse. It may be advisable for the recipient spouse to have a life insurance policy for continued payment if the payor spouse passes away.
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What if one spouse doesn't pay spousal support in Michigan?
In Michigan spousal support payments can be enforced in a number of ways. The Michigan Friend of the Court, and other statutes allow withholding income of the payor, lines on real estate and personal property, contempt proceedings and the attachment of pension plan proceeds and state licenses, like a driver's license, law license, real estate license, fishing, hunting, and any other license sanctioned by the State of Michigan.
What's alimony in gross in Michigan?
Alimony in gross in Michigan is a lump-sum award or installation of a definite amount of money, which is considered a property-rights payment, payable over a period of time from one spouse to the other. This is different than regular Michigan spousal support, which is periodic, and not necessarily a definite amount. Alimony in gross cannot be modified, but periodic spousal support in Michigan cases can be modified.
Is Michigan spousal support my only way to get money from my spouse?
No, spousal support in Michigan divorce cases is only one part of the divorce. A spouse may be entitled to a property settlement, child support, a share of retirement pensions 401k, attorney fees, along with a long list of other possibilities as part of a Michigan divorce.
How does spousal support affect my taxes in Michigan?
Michigan spousal support can make a major impact on federal and state income tax. The person receiving spousal support is considered the recipient, and taxable as income. The person paying the spousal support in Michigan is the payor, and this is deductible from their taxes.
How can I avoid paying Michigan spousal support in my Michigan divorce to my former spouse?
Spousal support in Michigan is decided on a case-by-case basis, but it may be possible to avoid spousal support. A spouse who is unwilling to pay spousal support to a former spouse, may instead be willing to agree to giving up a larger share of the property settlement or other economic considerations.
What if my Michigan spousal support is non-modifiable, but I can no longer pay the amount?
In Michigan it is possible to make spousal support non-modifiable, which means no matter your current economic situation, you are under court order to pay a former amount, which may be a lot higher than you can afford. It is rarely advisable that a client agree to this arrangement as part of a Michigan divorce because of the unknown economic situation that they may face in the future.