When couples navigate the complex landscape of divorce, questions about financial support often arise. One critical aspect is spousal support, commonly known as alimony. In Michigan, understanding the nuances of spousal support is essential for both parties involved. In this guide, we explore the ins and outs of spousal support, shedding light on what it is and how it operates within the framework of Michigan’s legal system.
What is Spousal Support?
Spousal support, sometimes referred to as alimony, is a financial arrangement where one spouse provides direct financial assistance to the other after a divorce or separation. The goal is to help the receiving spouse maintain a similar standard of living they enjoyed during the marriage while they reestablish their life as a single person.
Generally, spousal support can be awarded in one of three structures: temporary, permanent, or rehabilitative. Temporary spousal support is effective only during the pendency of the divorce and ceases upon entry of a final judgment. Permanent spousal support has become the exception and, even when ordered, often ends at retirement. Rehabilitative spousal support is more frequently awarded and is granted to give the recipient an opportunity to obtain or complete an education or obtain or improve employment.
How Spousal Support Works in Michigan:
Michigan family courts consider various factors when determining spousal support. In practice, courts are reticent to award spousal support in short-term marriages. The factors the court considers in determining a possible award of spousal support are:
- the past relations and conduct of the parties,
- the length of the marriage,
- the abilities of the parties to work,
- the source and amount of property awarded to the parties,
- the parties’ ages,
- the abilities of the parties to pay alimony,
- the present situation of the parties,
- the needs of the parties,
- the parties’ health,
- the prior standard of living of the parties and whether either is responsible for the support of others,
- contributions of the parties to the joint estate,
- a party’s fault in causing the divorce,
- the effect of cohabitation on a party’s financial status, and
- general principles of equity.*
Courts will weigh each of the relevant factors when determining the possibility of an award. Unlike child support in Michigan, there is no statutory formula for calculating spousal support.
Spousal support in Michigan also carries income tax implications. The Tax Cuts & Jobs Act of 2017 made changes to the way alimony payments were taxed. Now, spousal support payments are not deductible by the payor, and payments are no longer included in the recipient’s gross income. However, spousal support payments established in divorce judgments entered before December 31, 2018, remain taxable to the payee and deductible by the payor.
Enforcing Spousal Support:
There are a number of ways a person might enforce payment of spousal support including through the Friend of the Court, other statutory income withholding/garnishment mechanisms, liens, contempt proceedings, and/or attachment. In addition to available civil remedies, criminal sanctions may be warranted when an individual fails to timely pay. Under Michigan law, such failure is a felony. If you are the ordered recipient of spousal support and have not been receiving payments, you should speak with an experienced Michigan spousal support attorney to get particularized advice for your circumstances.
Modifying Spousal Support:
Michigan law provides repeat authority for the modification of spousal support after entry of a final judgment of divorce. In general, spousal support is modifiable due to a change of circumstances. A substantial change in either party’s financial situation may warrant a modification. Additionally, events such as remarriage of the supported spouse or the death of either party may lead to termination of the benefit.
While a trial court cannot order that spousal support is nonmodifiable, the parties to a divorce may waive their right to request that modification and agree that spousal support provisions are final, binding, and nonmodifiable. In practice, many Michigan family law attorneys ensure such an agreement is present in all consent judgments they draft. Therefore, if you think your or your ex-spouse’s circumstances have changed, it is imperative that you have your judgment of divorce reviewed by an experience Michigan family law attorney to explore your options.
Spousal support, or alimony, plays a significant role in post-divorce financial arrangements. Understanding the nuances of spousal support is crucial for anyone who has gone, or is going, through a divorce in Michigan. Whether you’re seeking support or anticipating a request, being informed about the types, factors, and processes involved is vital to protecting your interests and ensuring you receive a fair shake in the proceedings. Our experienced family law attorneys at Curcio Law, PLLC, are here for your family to provide guidance and support throughout this challenging process. Contact us today for personalized assistance tailored to your unique situation. By understanding the intricacies of spousal support laws and seeking professional legal advice, you can navigate this aspect of divorce with greater clarity and confidence.
Curcio Law, PLLC
625 Kenmoor Ave SE Ste 301
Grand Rapids, MI 49546
(616) 226-1861
jcurcio@curciolawmi.com
* Loutts v Loutts, 298 Mich App 21, 31, 826 NW2d 152 (2012) (quoting Myland v Myland, 290 Mich App 691, 695, 804 NW2d 124 (2010), quoting Olson v Olson, 256 Mich App 619, 631, 671 NW2d 64 (2003)).
