Divorce – (248) 588-3333 – Alimony/Spousal Support
.
.
Alimony/Spousal Support
Will I have to pay my former spouse alimony? Will he/she have to pay it to me?
There are two kinds of payments you might pay/ be paid. It is called alimony when a payment is made while the marriage still exists. When the payment occurs during the divorce process or is a part of the final divorce agreement, it is known as spousal support. If either spouse is made to pay, it will likely be the less wealthy spouse.
How much will I have to pay in alimony/spousal support?
The amount is generally left up to the court’s discretion. The Michigan family court will consider the following factors when determining the amount.
- The relationship and conduct of the former spouses
- The length of the marriage ( a longer marriage might mean one of the spouses has less independent earning power)
- The ability of either spouse to work
- The type and amount of property that was awarded when the marital property was divided (a generous award might mean less generous support payments)
- The paying spouse’s ability to pay. (Family courts typically try to avoid bankrupting people.)
- The needs/health/situation of either spouse
- The prior standard of living of either spouse. (The rule of thumb is that the court will try to give the spouse being paid the “standard of living to which he/she has become accustomed)
- The contributions each spouse made to the marital estate
- Any fault by either party (abuse, adultery, etc.)
- How living together affected each spouse’s financial situation (cohabiting is a great way to save costs)
- General principles of fairness
What kinds of Alimony/support are there?
In Michigan family court you are likely to see one of three types of payments: permanent (periodic or lump sum), rehabilitative, and reimbursement. Which type you encounter depends on a number of circumstances such as the relative incomes of the spouses as well as the role both played in the household leading up to the divorce.
What is “permanent” support? Can it be terminated?
Permanent Support is a payment given to one spouse because they lack the means to support themselves. This will either take the form of regular payments made to the other spouse for the remainder of their lifetime or one “lump sum” payment. This payment will automatically terminate if the receiving spouse dies or remarries.
By definition, the “lump sum” cannot be modified or terminated. The only exceptions are the retirement of the receiving spouse or proof of fraud. At that point the spouses may end up sharing retirement income or a pension, in which case the support payments will be canceled.
Permanent spousal support is more likely to be awarded in long term marriages, especially if one of the spouses is at or near retirement age and has little in the way of job skills/experience
What is “Rehabilitative” support? Can it be terminated?
This is a “periodic” payment made for a limited time so that the other spouse can gain the skills to become self-supporting.
Due to its temporary nature, rehabilitative periodic spousal support is relatively easy to terminate. All the paying spouse has to do is persuade the judge that their former spouse is rehabilitated and can take care of themselves. This type of support terminates automatically when the receiving spouse gets remarried or if either spouse dies. This makes sense given that this support is meant to give that spouse help that the now estranged former spouse was giving them. Once the receiving spouse gets remarried it is assumed that their new spouse is now giving that support.
What is “Reimbursement” support? Can it be terminated?
A reimbursement support payment is sometimes ordered by the court when there is a situation where one spouse supported the other while they earned a degree or a professional license. The amount is based on how much help the supporting spouse gave, not the value of the degree license.
Due to the fact that it is a one-time payment, this type of support may never be terminated and can be inherited by someone else upon the receiving spouse’s death. It will also be paid even in the event of the paying spouse’s death.
How will paying support/alimony affect my taxes? Are the payments deductible?
If your divorce was finalized on or before December 31, 2018, then spousal support payments count as income for the receiving spouse for the receiving spouse. By the same token, the payments that the paying spouse makes are tax deductible. If it happened after that date, then they are neither taxable nor deductible.
I can’t afford the costs of a divorce case/ my ex dragged out the proceedings for a long time, can I make them pay some of my costs?
If one party can demonstrate that they are unable to pay their expenses, the court might order the payment of reasonable attorney’s fees and/or litigation costs.
If we get an annulment or a legal separation instead of a divorce, will spousal support be handled differently?
That depends on which process you use. In a legal separation, spousal support will be handled the same way as it is in a divorce.
However spousal support is rarely if ever given in an annulment. This is because an annulment typically means that the marriage never existed in the first place and therefore the spouses had no such obligation to support one another.
How can I make sure that I get the spousal support benefits that I deserve or only pay an amount that is fair?
The most reliable way is to write up a premarital agreement that discusses spousal support. It goes without saying that you should make sure that the type and amount of support is what you want and deserve. If you believe spousal support will be decided in court, then things will get a bit more complicated.
In any case, you should keep relatively detailed records of your, and your spouse’s income before and after getting married. The last thing you want is to give your spouse and opportunity to push arbitrary and made up numbers for their own benefit. Furthermore, having documentary proof will make your own arguments more persuasive. Be aware, that if your spouse draws down their own career in order to spend more time at home, that will likely mean that they will receive support from you if the two of you divorce. Obviously the reverse is true if your spouse ends up playing the role of breadwinner.
You should also be aware of the extent to which your spouse assists you in pursuing education, acquiring property, etc. These can result in an order of support even if your spouse has greater income and even if you suffered a loss of income as a result of getting married.
Keeping all of this in mind going into a marriage, you can then determine to what extent it is appropriate for you and your spouse the arrange your new life as a married family in order to effect the outcome of a hypothetical property division in a divorce. Although it is entirely possible that you and your spouse won’t actually care that much and will (hopefully) just come to an agreement amicably if it ever comes to that.
.
.
Click link to schedule a free case evaluation:
https://app.acuityscheduling.com/schedule.php?owner=17105687&appointmentType=13607154
For more information visit our website:https://www.akivagoldman.com/
You can give us a call for a FREE phone consultation at (248) 588-3333
For additional information please click here: https://www.akivagoldman.com/michigan-family-law-attorney/alimony/