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.
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.
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.
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.
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.
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.
The longer the marriage, the more likely the judge is to award spousal support. This is most important if one spouse doesn't have a career or job skills. Whether each party can work. The judge is more likely to award spousal support to a person who can't work or is unlikely to find work.