Michigan Alimony and Spousal Support Laws
Michigan courts have discretion to grant alimony or spousal support during divorce proceedings. The court will look at the situation of both parties and decide what is appropriate on a case-by-case basis.
Types of Spousal Support
- Temporary – a party may seek during the time before final divorce is granted as needed.
- Short-Term – the court may grant limited payments of support when it is needed for one party to make adjustments to new circumstances.
- Long-Term or Permanent – the court may grant long-term support when it deems it necessary.
Who is Eligible for Alimony in Michigan
Either spouse can get a divorce by stating in divorce papers that there has been a breakdown in the marriage to the extent that the objects of matrimony have been destroyed and there remains no reasonable likelihood that the marriage can be preserved.
Michigan Alimony Guidelines (Factors for Awarding Alimony)
A court can order alimony in Michigan if it considers such an award to be in the interests of justice. The court may consider the following factors to determine whether to award alimony:
- Ability of either party to pay;
- Character and situation of the parties;
- Past relations and conduct of the parties;
- Length of the marriage;
- Ability of the parties to work;
- Ages, needs, and health of the parties; and
- Fault of either party in causing the divorce.
Reasons for Termination or Modification of Alimony in Michigan
Generally, a party seeking termination or modification must offer the court evidence of changed circumstances that require such a change to the agreement.
Marital Fault in Michigan
Fault may be considered by a Michigan court in determining alimony. It will not be considered alone, but as part of the complete picture.
How Long Does Spousal Support Last in Michigan?
Most spousal support is ordered for a specific duration, but the court may order alimony to continue indefinitely or until a specific event occurs, such as the remarriage or cohabitation of the spouse receiving alimony.
Michigan Alimony Taxes
A spouse who pays alimony may claim it as a deduction on federal taxes. The payee spouse is supposed to claim alimony payments as income. Discuss your support agreement and its tax implications with a family law attorney to ensure that you comply with the tax law.
Find an Alimony Attorney in Michigan
To best protect your interest during a dissolution proceeding, talk about your circumstances with an experienced Michigan attorney. A family law attorney can help you navigate the difficult process of divorce with confidence.