In New York, spousal support/ maintenance is determined by a guideline calculator based upon the income of the two parties and the length of their marriage. The Court is allowed to deviate from the guideline amount based on a number of potential rebuttal factors, however, such deviations are rare.
In Michigan, the court evaluates various factors such as each party's income, age, health, and the duration of the marriage to determine the necessity, amount, and duration of spousal support.
Typically, the judge will take 20% of the lower-earning spouse's income and subtract that number from 30% of the higher-earning spouse's income. For example, one spouse makes $100,000, and the other makes $20,000. Thirty percent of $100,000 is $30,000, and 20% of $20,000 is $4,000.
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.
In Michigan, either spouse can ask for spousal support in a divorce. It's important to understand that for the court to consider a request for support, you must address it in your initial divorce paperwork. For the filing spouse, you'll have to tell the court you need financial support in your petition for divorce.
Typically, the judge will take 20% of the lower-earning spouse's income and subtract that number from 30% of the higher-earning spouse's income. For example, one spouse makes $100,000, and the other makes $20,000. Thirty percent of $100,000 is $30,000, and 20% of $20,000 is $4,000.
There is No Specific Formula for Spousal Support Unlike with child support, there is no formula that will tell you whether or not you will get spousal support or how much you will get. Spousal support is decided on a case-by-case basis.
Typically, the judge will take 20% of the lower-earning spouse's income and subtract that number from 30% of the higher-earning spouse's income. For example, one spouse makes $100,000, and the other makes $20,000. Thirty percent of $100,000 is $30,000, and 20% of $20,000 is $4,000.
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.