When a marriage ends, money can be a big worry. You might wonder if you will get help paying your bills. This help is often called alimony or spousal support. In our video, “Can You Get Alimony If You Were the Primary Breadwinner?”, Akiva Goldman talks about this topic. It is a question many people have, and the answer can be surprising.
What Is Alimony and Who Gets It?
What the Court Looks At: Alimony is money that one person from a marriage pays to the other after a divorce. The court decides if someone gets alimony. They look at who needs money and who can pay money. It is meant to help the person with less money live closer to how they did during the marriage. This helps make the split fair for both people.
The Goal of Alimony: The main idea is to prevent one person from being poor after the divorce while the other is not. If one person stayed home to care for the kids, they might need help getting back on their feet. The court wants to make sure both people can support themselves. Experienced family law attorneys in Michigan can help you understand this process better.
Common Alimony Questions:
- Who pays? The person who earns more money usually pays.
- How much do they pay? The court decides the amount based on many things.
- How long do they pay? It can be for a short time or a long time.
Factors in the Decision:
- Each person’s job. What work do they do and how much do they make?
- Each person’s health. Are they healthy enough to work?
- Each person’s age. Are they close to the age when people stop working?
Real-Life Example: Sarah was a teacher and Mark was a doctor. Mark made much more money. When they divorced, the court told Mark to pay Sarah alimony for five years. This gave Sarah time to go back to school and get a higher paying job.
Can the Person Who Earned More Money Get Alimony?
A Surprising Answer: Most people think the person who made less money is the only one who can get alimony. But this is not always true. If the person who was the main money maker can no longer work, they might get alimony. The court looks at the current money situation, not just the past.
When Your Situation Changes: Life can change in big ways. A person who earned a lot of money might get sick or hurt. If they become disabled and can’t work anymore, they might need financial help from their ex-spouse. The court will look at their need for support now.
What a Breadwinner Needs to Show:
- Proof of a big change. You must show why you cannot earn money now.
- A real need for help. You must show that you cannot pay your bills.
- Your ex can pay. You must show that your ex-spouse has enough money to help you.
Key Things the Court Checks:
- Medical records. These can prove a sickness or injury.
- Job history. This shows what you used to earn.
- Current bank records. These show what money you have now.
Real-Life Example: Tom was a construction worker and the main breadwinner. He got into a bad car accident and could not work anymore. His wife, Lisa, had a good job. The court ordered Lisa to pay Tom alimony because his life had changed so much.
How Does the Length of the Marriage Affect Alimony?
Longer Marriages Matter More: The time you were married is very important when a court thinks about alimony. If you were married for a long time, it is more likely that one person will get alimony. A long marriage often means one person gave up their job to help the family.
The Thirty-Year Mark: The court often sees a marriage of close to 30 years as very long. In these cases, alimony is very common. The court understands that after so many years, it can be hard for one person to start a new career. They might have been out of the workforce for decades.
Why Time Matters:
- Shared life for a long time. A long marriage means you built a life together.
- One person supported the other. One person’s job success was often a team effort.
- Harder to start over. It is harder for an older person to find a new high-paying job.
Comparing Marriage Lengths:
- Short-term (under 10 years): Alimony is less likely.
- Mid-term (10-20 years): Alimony is possible, often for a set time.
- Long-term (20+ years): Alimony is much more likely.
Real-Life Example: David and Mary were married for 28 years. Mary stayed home to raise their four children. When they got a divorce, David was ordered to pay alimony. The court said Mary needed support because she had not worked outside the home in over 25 years.
What If Both People Earn the Same Amount of Money?
Equal Pay, No Alimony: One of the biggest factors for alimony is a difference in what people earn. If both people in the marriage make about the same amount of money, the court will probably not order alimony. This is because there is no need for one to support the other.
Common in Some Jobs: This situation happens more than you might think. For example, two people might meet at work in the same job. This is true for many union workers or people in the same field, like teachers or nurses. Even in a long marriage, equal pay usually means no alimony is needed.
Reasons for No Alimony:
- No big money gap. If incomes are close, there’s no disparity to fix.
- Both can support themselves. Each person can pay their own bills after the divorce.
- Fairness is already there. The court does not need to balance the money situation.
Cases with Similar Pay:
- Two teachers. They likely have similar salaries from their school district.
- Two factory workers. Union jobs often have set pay scales for everyone.
- Two small business owners. If their businesses make similar profits.
Real-Life Example: Ken and Jen were both skilled electricians who worked for the same company. They were married for 15 years and made the same wages. When they decided on a divorce, neither of them asked for alimony because their finances were equal.
Is Alimony Always a Lifelong Payment?
Not Usually Permanent: Many people think alimony lasts forever, but that is rare today. Most of the time, alimony is for a set number of years. This is called rehabilitative alimony. It is designed to help one person get the skills or education they need to support themselves.
“Until Further Order of the Court”: Most divorce papers will say that alimony is paid “until further order of the court.” This means the payments are not set in stone. The amount or length of time can be changed later if something big happens in either person’s life.
Types of Alimony Durations:
- Temporary Alimony. Paid while the divorce case is happening.
- Rehabilitative Alimony. Paid for a few years to help someone get back to work.
- Permanent Alimony. This is rare and usually only for very long marriages or a disability.
Why Alimony Might End:
- The person receiving it remarries. A new marriage usually ends alimony.
- The person receiving it gets a good job. They may no longer need the support.
- The person paying it retires. Their ability to pay has changed.
Real-Life Example: After a 12-year marriage, a judge ordered Ben to pay his ex-wife, Amy, alimony for three years. This gave Amy time to finish her nursing degree. After she graduated and got a job, the alimony payments stopped as planned.
Can Alimony Payments Be Changed or Stopped?
Life Changes Affect Payments: Because most alimony orders can be reviewed, they can also be changed. A big change in life for either person can be a reason to go back to court. A judge can then decide to raise, lower, or even stop the alimony payments.
What Counts as a Big Change: A big change must be something serious and often out of the person’s control. Losing a job is a big change. Getting a large pay raise is also a big change. The court wants to see something that greatly affects the ability to pay or the need for support. For more details, you can learn about what determines spousal support in Michigan.
Reasons to Ask for a Change:
- Losing a job. The person paying may not have the money anymore.
- A serious illness. This could affect the ability to work for either person.
- The other person’s new life. If the person getting alimony moves in with a new partner.
How to Ask for a Change:
- File a motion with the court. You must formally ask the judge.
- Provide strong proof. You need papers to show the change is real.
- Attend a court hearing. Both sides will get to tell their story.
Real-Life Example: Mike was paying his ex-wife $1,000 a month in alimony. Two years later, the factory where he worked closed down, and he lost his job. He hired a Michigan divorce attorney, went to court, and the judge lowered his alimony payment to $200 a month until he found a new job.
How Do You Prove You Need Alimony?
You Must Show Your Need: If you want to get alimony, you can’t just ask for it. You must prove to the court that you really need it. This means showing all of your financial information. You have to be open and honest about your money situation.
Building Your Case: To build a strong case, you need to gather many documents. You need to show what you earn, what your ex-spouse earns, and what your monthly bills are. The goal is to paint a clear picture for the judge of why you need financial help to get by.
Documents You Will Need:
- Pay stubs. Show what you and your ex-spouse earn.
- Tax returns. Give a history of your past earnings.
- Bank statements. Show how much money you have and spend.
Information to Prepare:
- A monthly budget. List all your costs like rent, food, and gas.
- Proof of your standard of living. Show how you lived during the marriage.
- Your education and work history. Show your ability to earn money.
Real-Life Example: Jane wanted alimony from her husband, who was a successful lawyer. She created a detailed budget showing her monthly costs were $4,000, but her part-time job only brought in $1,500. By showing this $2,500 gap, she proved her need for support to the judge.
How Does the Court Calculate the Alimony Amount?
There Is No Simple Formula: Unlike child support, there is no exact math formula in Michigan to figure out alimony. A judge looks at many different things to decide what is a fair amount. This makes every case unique, and the outcome can be hard to predict without help from an expert.
Key Factors in the Decision: The judge will look at about a dozen factors to make a choice. These include the behavior of both people during the marriage, how long they were married, and their ability to work. The health and age of each person are also very important parts of the decision. You can learn more about how spousal support is calculated to understand the process.
Main Things a Judge Considers:
- How each person acted. Was one person at fault for the divorce?
- Ability to earn. What is the potential for each person to make money?
- Property divided in the divorce. Did one person get more assets?
Other Important Factors:
- Age of the parties. Younger people can often find work easier.
- Health of the parties. Poor health can limit a person’s ability to work.
- Needs of the parties. The court looks at the basic needs of each person.
Real-Life Example: In a divorce case, the wife was 58 years old and had health problems, while the husband was 60 and in good health with a high-paying job. The judge looked at her health and age and decided she needed more support. He ordered the husband to pay a higher amount of alimony for a longer time.
What Does “Further Order of the Court” Really Mean?
Flexibility in Your Divorce: When a divorce judgment says alimony is “until further order of the court,” it means the decision is not final forever. It leaves the door open for future changes. This is very common in modern divorce cases because life is not predictable.
A Safety Net for the Future: This phrase acts as a safety net. If your life takes an unexpected turn, you can ask the court to look at your alimony again. This applies whether you are paying or receiving the support. It allows the alimony amount to fit your current life, not just the life you had when you got divorced.
When This Phrase Is Used:
- Uncertain job futures. When someone’s work is not stable.
- Health concerns. If one person has a condition that could get worse.
- Long-term support cases. It allows for review as people age.
What It Allows You to Do:
- Ask for more money. If your needs go up or your ex’s pay goes up.
- Ask to pay less money. If you lose your job or your income goes down.
- Ask to end payments. If the other person no longer needs the help.
Real-Life Example: A court ordered a woman to pay her ex-husband alimony “until further order of the court.” Five years later, he won the lottery. Because of this huge change in his finances, she went back to court and the judge ended her alimony payments.
What If a Disability Happens After the Divorce?
Post-Divorce Changes Matter: Life does not stop after a divorce is final. If you or your ex-spouse becomes disabled years later, it can be a reason to start or change alimony. This is especially true if the alimony order says it can be reviewed by the court.
How Disability Changes Things: A new disability can create a need for support that was not there before. Or, if the person paying alimony becomes disabled and cannot work, their ability to pay is gone. A court will look at these new facts to see if the old alimony order is still fair.
If the Receiver Becomes Disabled:
- They may need more support. Medical bills and a lack of income create need.
- They may need it for longer. A permanent disability may require long-term help.
- They must prove the disability. Doctor’s notes and medical records are key.
If the Payer Becomes Disabled:
- They may need to pay less. Their income may be much lower on disability pay.
- They may need to stop paying. If they have no income, they cannot pay.
- They must prove their situation. Proof of job loss and disability benefits is needed.
Real-Life Example: Ten years after their divorce, Susan, who was receiving alimony, was diagnosed with a serious illness and could no longer work. Her alimony was set to end in one year. Her lawyer helped her show the court how her life had changed, and the judge extended her alimony payments indefinitely.
Extra Insights
Thinking About Taxes: It is important to know that alimony payments can affect your taxes. The person who pays alimony might be able to deduct it, and the person who receives it might have to pay taxes on it. Tax laws have changed recently, so it is a good idea to talk to a tax expert and a lawyer about how this will affect you. This can make a big difference in how much money you actually have at the end of the day.
Alimony and Retirement: Retirement can also have a big impact on alimony. If the person paying alimony retires, their income will likely go down a lot. This is often a valid reason to ask the court to lower or end the payments. It is smart to plan for this and discuss how retirement will be handled in your divorce papers. This can prevent fights and confusion down the road.
Frequently Asked Questions (FAQs)
1. What happens if my ex hides money to avoid paying alimony?
If your ex hides money, the court can punish them. A lawyer can help find hidden assets to make sure the alimony amount is fair.
2. Does cheating affect who gets alimony in Michigan?
Michigan is a no-fault divorce state, but fault can affect alimony. If one person’s bad behavior hurt the family’s finances, it could change the judge’s decision.
3. Can I get alimony if we were not married?
No, alimony is only for people who were legally married. Unmarried partners do not have a right to spousal support in Michigan.
4. Do I still pay alimony if my ex-spouse moves in with someone?
Moving in with a new partner could be a reason to lower or end alimony. The court will look at whether their financial need has gone down.
5. What if my ex quits their job on purpose?
If a person quits a job to avoid paying support, a judge can order them to pay based on what they *should* be earning. This is called imputing income.
6. Is health insurance part of alimony?
It can be. A judge can order one person to keep the other on their health insurance plan for a time, or to help pay for their new plan.
7. How is alimony different from child support?
Alimony is for the support of an ex-spouse, while child support is for the costs of raising children. They are calculated differently and have different rules.
8. Can we agree on alimony without going to a judge?
Yes, you and your spouse can agree on an alimony amount and duration. This agreement is then made part of your official divorce judgment.
9. What if the person paying alimony dies?
Usually, the duty to pay alimony ends when the person paying it dies. Sometimes, a judge will order a life insurance policy to protect the payments.
10. Can I get alimony while the divorce is still happening?
Yes, you can ask the court for temporary alimony. This provides financial support while you wait for the divorce to be final.
11. Does a prenuptial agreement stop me from getting alimony?
A prenuptial agreement can limit or block alimony. However, a court can sometimes set it aside if it is very unfair.
12. How long do I have to ask for a change in alimony?
You should ask for a change as soon as a major life event happens. Waiting too long can make it harder to get the court to approve a change.
Ending a marriage brings many hard questions, especially about money. Understanding how alimony works can help you feel more in control. Whether you were the primary breadwinner or not, your current need and your ex-spouse’s ability to pay are what matter most to the court. If you are facing a divorce with a disagreement over support, getting the right advice is key.
If you have more questions or need help with your case, our team at Goldman and Associates is here for you. We focus on family law and can guide you through this difficult time. Contact us today for a free consultation to discuss your situation.
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