Michigan Spousal Support Lawyers

What is Spousal Support?

Spousal support (also called alimony) is a court-ordered payment from one spouse to the other. It is intended to help the lower-earning or non-earning spouse maintain a reasonable standard of living after a divorce.

It may be awarded on a temporary basis during divorce proceedings, or for a set duration after the divorce is finalized. In some rare instances, it may also be awarded on a permanent basis.

Unlike child support, which follows a specific formula set by the state, Michigan courts have broad discretion in determining whether to award spousal support and how much it should be.

As a result, spousal support in Michigan is often determined on a case-by-case basis, being awarded when various factors are presented.

Let the family law attorneys at Heath & Kolomjec examine the unique contributing factors in your case and present them to the courts in the most compelling way possible.

Types of Spousal Support in Michigan

Which type of spousal support is awarded depends on the unique circumstances and factors surrounding the marriage and divorce. Michigan courts may award spousal support in four ways:

Temporary spousal support

This type of support may be awarded while the divorce is pending to ensure that both parties can meet their financial obligations during the legal process.

Lump-sum spousal support

Rather than receiving payments spread out over time, spousal support may be paid in a single lump sum. This may occur if both parties want to split everything at the time of divorce. As a result, the party seeking alimony receives retirement funds, property, or investments all at once.

Periodic spousal support

Also known as rehabilitative alimony, this is the most common form of spousal support and is awarded for a limited time. It is designed to help the recipient become financially self-sufficient, often while they seek education, job training, or employment.

Permanent spousal support

Though rare, permanent support may be awarded in long-term marriages where one spouse is unlikely to become self-sufficient due to age, health issues, or other significant barriers.

Who is Eligible for Spousal Support in Michigan

In Michigan, no one is automatically awarded spousal support. Rather, it depends on a number of case-specific details surrounding the divorce.

Michigan courts often look at these factors when considering spousal support:

Duration of the marriage

Long-term marriages (generally over 10 years) are more likely to result in spousal support awards.

Contributions of each party to the marriage

This includes financial contributions and non-financial contributions, such as raising children or supporting a spouse’s education or career.

Age of each party

Senior spouses often have greater financial dependence, thus may have an increased chance of qualifying for spousal support.

Standard of living

Support may be awarded to help the receiving spouse maintain a similar standard of living they enjoyed during the marriage.

Spousal health and needs

Courts desire a balance to be struck between the need of one spouse and the ability of the other to provide support.

Earning ability of each party

Courts look at the income and potential earning capacity of each party, as well as the ability of each party to work.

Fault in the breakdown of the marriage

Although Michigan is a no-fault divorce state, misconduct (such as infidelity or abuse) can still be considered in support determinations.

Other equitable factors

Courts have the discretion to weigh additional considerations to ensure a fair outcome.

Although these factors are referenced when deciding spousal support matters, it’s important to remember there is no exact formula.

That’s why it’s so important to work with an experienced attorney who can advocate for your position based on the facts of your case, such as those at Heath & Kolomjec.

Negotiating and Litigating Spousal Support Agreements

Whether you’re in need of spousal support negotiation or litigation, our attorneys know what to expect when parties are seeking spousal support arrangements.

Our experience has shown that many divorcing couples choose to resolve spousal support through negotiation or mediation rather than litigation.

This collaborative approach can provide greater flexibility and control for those involved, and often results in more amicable outcomes.

A negotiated agreement may cover:

• The amount and duration of support
• Conditions for termination or modification
• Security for payment (such as a life insurance policy)
• Tax implications of the support payments

When negotiation fails, however, it may be necessary to present your case in court through litigation. This involves each party presenting evidence and arguments, with the judge making a decision based on Michigan law and the specific facts of a case.

Litigated spousal support cases often involve:

• Financial discovery (including income, assets, and expenses)
• Third party testimony (e.g., vocational experts or financial analysts)
• Witnesses and documentation of lifestyle, health, and contributions to the marriage

No matter what spousal support situation you’re facing, our family law attorneys can help. As skilled negotiators, we can craft a fair and enforceable agreement that reflects your needs and protects your financial future.

Our attorneys are also experienced trial advocates with a deep understanding of how Michigan judges evaluate spousal support. So whether you’re seeking to receive or contest alimony, we will present a compelling case on your behalf.

Enforcing Spousal Support Orders

If a spouse fails to pay court-ordered spousal support, enforcement actions can be taken. Michigan courts have several tools to enforce support payment, including:

• Income withholding orders (automatic deductions from wages)
• Contempt of court proceedings (which may result in fines or jail time)
• Liens against property or bank accounts
• Interception of tax refunds or lottery winnings

Heath & Kolomjec can help you pursue enforcement if your ex-spouse fails to meet their support obligations, or we can defend you against unfair enforcement actions due to changing circumstances.

Modification and Termination of Spousal Support

At times, a change takes place that requires either the modification or the termination of spousal support.

This is possible in Michigan as long as the original judgment didn’t explicitly state that the support is non-modifiable.

Some of the most common reasons for modification of spousal support include:

• Remarriage or cohabitation of the receiving spouse
• A significant change in income for either party
• Retirement of the paying spouse
• A change in the receiving spouse’s financial needs or employment status

A modification can be requested by filing a motion with the court and demonstrating a substantial change in circumstances.

If you need to modify, terminate, or defend against spousal support orders, let Heath & Kolomjec help. We have the legal insights needed to evaluate your situation, file the appropriate motion, or create a strong defense against a change.

Receive the Spousal Support Help You Need

As mentioned above, there are various laws and factors governing how spousal support is handled in Michigan. As a result, this complex field of law requires a strong legal advocate in order to navigate it successfully.

Whether you are seeking spousal support, navigating a modification, or challenging an unfair demand, the attorneys at Heath & Kolomjec are ready to provide the experienced legal help you need and achieve the outcome you deserve.