Michigan Alimony Trust in Lieu of Alimony and all Claims

State:
Multi-State
Control #:
US-02105BG
Format:
Word; 
Rich Text
Instant download

Description

This is an agreement in which Spouse A (the spouse who is ordered by the court to make alimony and/or child support payments to Spouse B) must put assets (the principal) in a trust, from which the payments are made to Spouse B.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

The easiest way to get out of paying alimony is to have a frank discussion with your spouse about your situation. You may be able to reach an agreement between yourselves (even if it requires a little negotiating). You can also show the court that your spouse is perfectly capable of supporting him- or herself.

It's a common misconception that you and your spouse must be married for at least 10 years before the court will award support. While it's more likely for a judge to award support for a long-term marriage, for couples married for any period, the court will award alimony if a party qualifies.

?In every action brought, either for a divorce or for a separation, the court may require either party to pay alimony for the suitable maintenance of the adverse party, to pay such sums as shall be deemed proper and necessary to conserve any real or personal property owned by the parties or either of them, and to pay ...

The single caveat is that no spouse could enter into an agreement that is deemed unconscionable by the court. Legally, this means that neither spouse could waive the right to spousal support payments or by contract, prevent the other spouse from being awarded spousal support.

Some methods for terminating alimony payments in Michigan include: Show your spouse has remarried ? State law says you can ask the courts to terminate your alimony payments if your spouse has remarried. Ask for a termination date in your divorce decree ? You should not have to support your ex-spouse forever.

Spousal Support in Michigan Temporary Support. A judge usually orders temporary support immediately after one spouse files for divorce. ... Periodic Support. Periodic support is awarded for a specified amount and period of time. ... Permanent Support. Permanent support is harder to receive in Michigan. ... Lump-Sum Support.

You cannot unilaterally decide that there has been a change and stop paying. For instance, you cannot retire and expect to simply stop paying, you must petition the court and get the court's approval or otherwise get an order from the court modifying the alimony otherwise arrears will continue to accrue.

Alimony can be permanent or temporary in Michigan, with permanent alimony being less common and usually awarded in long-term marriages or when one party has significant needs.

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Michigan Alimony Trust in Lieu of Alimony and all Claims