Tafelski

spousal support

In any action for a Michigan divorce, a court may order either spouse — husband or wife — to provide financial support to the other party. This is often called “alimony” or “maintenance.” It may be ordered while a divorce is pending or after it has been granted, and the support can be either for a specific period of time or permanent.

For more than a decade, the Bloomfield Hills law firm of Paul J. Tafelski, P.C., has assisted clients from throughout the state of Michigan in spousal support cases, including clients from Oakland County, Troy, Novi, Royal Oak, Bloomfield Hills, Rochester Hills, Farmington Hills, West Bloomfield and Birmingham.

Call 248-451-2200 today or contact us online for legal advice in family law matters.

Michigan Spousal Support Law

The court’s goal will be to arrive at a “proper and necessary” amount of spousal support that the court deems equitable under the circumstances. 

There is no definite formula for determining the “proper and necessary” amount of spousal support amount. Instead, a Michigan court will look at several different factors, including:

• Duration of the marriage: This could be an important factor if one spouse gave up work during the marriage and lacks the ability to earn a decent income after the divorce.
• Contributions of each party: This would include both the assets and income that each party brought to the marital estate and the future earning potential of those assets.
• Age and health of the parties: If the spouse is at stage in life where the he or she lacks the ability to earn supporting income, this would be a critical factor.
• Life status of the parties: What will the relative status of the spouse be after the divorce with or without spousal support?  How would paying support affect the payor’s lifestyle?
• Necessities and circumstances of the parties: The court’s focus is on the present ability to pay spousal support and the present and future need for receiving it.
• Earning abilities of the parties: A court will consider whether one spouse’s ability to earn a living has been impacted by the marriage, and it will not allow a spouse to intentionally depress income in order to receive or escape financial support.
• Past relations and conduct of the parties: Michigan is a “no-fault” divorce state, but a court will look at whether one spouse cheated on the other or abused alcohol or drugs.
• General principles of equity: A court will look for a fair balance between the one spouse’s needs and the other spouse’s ability to pay.

The court can order spousal support that is paid in lump sum or in periodic payments that will be subject to modification. The method of payment will be important for tax reasons.  Typically, spousal support is taxable to the party receiving it and deductible to the party paying it. 

In order to receive a modification of spousal support payments, the party would need to show a change in circumstances, such as significant change in employment or development of a disability.  However, some spousal support settlements are non-modifiable which makes it very difficult to change regardless of what happens to either party.  These are significant reasons to be sure you have experienced counsel to help you evaluate your unique situation to decide what is in your best interest. 

Spousal support may also be subject to termination where the receiving party remarries, begins living with another person or dies. Actions could also be brought to set aside a judgment granting spousal support on grounds of fraud, duress or mistake.

If a party moves to another state, it might be necessary to register a spousal support order in that state in order to enforce the judgment.

Contact Us Today

If you are interested in learning more about spousal support, contact our spousal support lawyers online today for an initial consultation about your case. We have helped spousal support clients in Oakland County, Troy, Novi, Royal Oak, Bloomfield Hills, Rochester Hills, Farmington Hills, West Bloomfield and Birmingham.