Alimony Spouse Support For Divorced In Michigan
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FAQ
Periodic spousal support can be temporary or permanent. Temporary spousal support can give a person a chance to get a degree or gain job skills. It can last for a specific number of months or years, or until a specific event.
In Michigan there is no specific mathematical Michigan alimony formula for determining whether or not spousal support should be awarded. Finally, there is no specific mathematical Michigan alimony formula for determining the length of time that spousal support should be awarded.
The most common form of alimony in Michigan is Periodic Spousal Support. This is a flexible option for a judge, and can be ordered for a short or long amount of time. This is common when a judge deems a spouse to be able to become self-supporting, but not immediately.
An award of spousal support isn't automatic in a Michigan divorce case. While there is no legal requirement for spousal support, it is awarded on a case-by-case basis depending on the facts of the matter and the needs of the dependent spouse. In some cases, spousal support is not awarded at all.
How Do I Pay Spousal Support? Michigan has a family court called Friend of the Court (FOC) that monitors child support and alimony payments. Typically, along with the final judgment of divorce, the court will issue income withholding orders to the employer of the paying spouse.
The guideline states that the paying spouse's support be presumptively 40% of his or her net monthly income, reduced by one-half of the receiving spouse's net monthly income. If child support is an issue, spousal support is calculated after child support is calculated.
Unlike child support calculations in Michigan, there is no set formula that judge must use to calculate the amount and duration of spousal support. Judges must consider various factors to determine whether to award alimony and if so, how much.
There are many considered factors, but the primary factors used to determine spousal support is income and earning capacity. The Court looks at the present income as well as separate property available to the supported party.
Alimony law in the Michigan statutes does not give an amount of time in Michigan to be married to get alimony. The court does take the length of the marriage, along with other factors, when determining spousal support. A party is more likely to be awarded permanent support for long-term marriages.
