If you have been recently divorced you may be eligible for spousal support. Today in this blog we will be looking at what alimony/spousal support is and how it affects you. Being informed about these things will help you in the long run during and after your divorce. After this read, if you have any more questions or need help with anything please give us a call.
What is Spousal Support
Spousal support or alimony is financial support given to a spouse after a divorce to support the other party. 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.
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.
What kinds of spousal 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.
Permanent Spousal Support
Is there such a thing as permanent spousal support? Yes, yes there is, permanent spousal 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.
Rehabilitative Support
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 husband was giving them. Once the receiving spouse gets remarried it is assumed that their husband is now giving that support.
Reimbursement Support
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.
Can Spousal Support Get Reduced In Michigan?
In most cases, spousal support can get reduced based on a change in circumstances or something drastic has changed in your life. The court may order that the support may continue unless there has been a change in circumstance. Let’s say that you used to work 40 hours a week but recently your hours have been cut down to 20 hours a week. If you talk to your attorney and take your new case to the court, the court will look at everything that you have provided and give you a reduction in payments.
If you lose your job do not worry, contact your attorney and give them all the information they need. From there the court will look at your case and lower the spousal support. Your ex-spouse should understand that if you lose your job or your hours have been cut that the payments will be reduced. Things like this happen often, it’s important to remember that things will work out and your attorney will help guide you through the process.
What Qualifies Someone To Receive Spousal Support In Michigan
There are multiple factors that the court will consider when determining spousal support in Michigan. The three basic factors that are used to calculate spousal support are the length of the marriage, the disparity of income between the parties, and if there is disposable income available to pay the alimony. A longer marriage is a marriage where the court is more likely for the court to consider spousal support. For example, a thirty-year marriage is going to receive more scrutiny for alimony than a two-year marriage would.
I want a guarantee that my ex will not modify his/her payments, and I am willing to accept slightly smaller payments in exchange? Is this possible?
Yes, parties to a divorce can modify that support in order to waive their right to modify that support in the future. However, there are certain requirements and limitations on such a waiver. First, the waiver must be contained in the final divorce agreement, or it is not valid. The waiver must be clear and obvious so that there can be no doubt to anyone reading it that the parties are giving up their rights to modify.
The language in the divorce decree must also contain language saying that the spousal support agreement is “final, binding, unchangeable, etc.” Be advised that if the support agreement was the result of a full-blown divorce trial on the merits, then the parties cannot waive their modification rights.
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 an 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 to arrange your new life as a married family in order to affect 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.
Conclusion
Our attorneys will give you the outcome that you desire, we understand how important this kind of matter is to you. For more information on Spousal Support in The State of Michigan watch the videos below and check out the Goldman and Associates YouTube channel for more videos on everything relating to law in Michigan. Make sure to give our attorneys a call if you have any questions about spousal support in Michigan.
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