What are the different types of alimony/ spousal support forms?
Alimony, also called spousal support, is a sum of money paid to a spouse, during or after the divorce, to fill the financial needs of the spouse. You don’t have to be married for at least 10 years in order to ask for supposal support, the court may grant it to you for marriages less than 10 years, depending on the circumstances of you case. The amount, frequency and duration of the spousal support are determined on a case-by-case basis. If the spouses agree on amount and duration of the spousal support, the courts will enforce the agreement through an order. If the spouses do not have a mutual agreement on spousal support, the court will look to grant the following, if the spouse qualifies: (1) temporary, (2) periodic, (3) permanent and (4) lump sum.
(1) Temporary. Temporary spousal support is granted through the court when the spouse, while going through the divorce process, is in need of financial assistance. This is only granted for the duration of the divorce process, and if fair to both parties. The courts generally grant temporary supposal support when there are large disparities in the spouse’s income and/or to keep the “status quo.” For example, the “status quo,” will be maintained if the other spouse was the primary party to pay all the financial obligations of the house, such as rent, car notes, utilities, etc.
(2) Periodic. Periodic spousal support is the most common type of spousal support granted in Michigan. It can be rehabilitative spousal support, which is granted for a short period time in order for the recipient to “get back on their feet,” or for a longer term. For example, periodic payments may be granted in situations where the spouse needs financial support to finish schooling to acquire a new skill. The duration of periodic spousal support is based on several factors and is granted in a way that is equitable to both parties.
(3) Permanent. Permanent spousal support is usually granted in situation where the health, disability and age of the spouses are heavily factored into the court granting the award. This type of award is not granted as often as others, but will be granted if equity dictate the necessity.
(4) Lump Sum. Lump sum spousal support will be granted when the spouse is able to pay the entire amount of the spousal support in one payment. This support is usually personal property or real property instead of money.
How do I pay spousal support?
The court will enforce the spousal support awards, in Michigan, through the Friends of the Court (FOC). When the final judgment of Divorce is entered, after the court’s divorce proceedings, the judge will also enter an income withholding order for periodic and permanent spousal support. This order will allow the employer of the payer spouse to withhold funds from the payer’s check, to pay the spousal support award to the spouse. If you are found in contempt of this order, Friends of the Court will hold a hearing and the judge has within his/her power to garnish wages and bank accounts, place restrictions on passports, driver’s and professional licenses, intercept your tax refunds and impose jail sentences.
How can I modify my spousal support?
The duty to pay spousal support ends when either of three different events happens: The other party dies, the other party remarries, or the duration of the order for spousal support has ended. The above mentioned is true, unless you have different terms outlined in your divorce decree. If, however, a significant change in your ability to provide support happens, you may be able to modify your spousal support award, if the court finds:
- the recipient spouse cohabiting with a new partner (not enough by itself)
- fraud and unilateral mistake
- a change in need of the parties, or
- a difference in the payer’s ability to pay.
How much spousal support will I get?
The purpose of spousal support is to place the party, who is economically dependent on the other party, in a position where they are able to receive an adequate stream of income. The purpose is not to punish the payer, but to balance the parties’ income in a way that does not leave one party improvised. The court considers 14 factors when determining the amount to award for spousal support. This is also used to determine the duration:
- The past relations and conduct of the parties;
- The duration of the marriage;
- The ability of the parties to work;
- The source of and amount of property awarded to the parties;
- The ages of the parties;
- The ability of the parties to pay;
- The present situation of the parties;
- The needs of the parties;
- The health of the parties;
- The prior standard of living of the parties and whether either is responsible for the support of others;
- The 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.
My husband/wife cheated. Can I use this information to get a divorce?
No, Michigan is a “no fault” divorce state. The only thing that must be proven to get a divorce, in Michigan, is that there is a “breakdown of the marriage relationship to the extent that the objects of matrimony have been destroyed and there remains no reasonable likelihood that the marriage can be preserved.” Basically, the spouse initiating the divorce just has to show that the marriage is over, and it cannot be saved – that’s it. Cheating can, however, be considered when dividing property and determining spousal support.