Are you worried that you will need to pay your ex $1000s in alimony? You should worry. After you’ve already accepted that divorce is inevitable. The need for alimony should be apparent. Unexpected costs result from this. Alimony can affect your future financial security.
There is a process for determining alimony. With a longer marriage, alimony is more likely to be discussed. The length of the marriage is one element taken into account. The spouses’ different levels of income. The availability of disposable income is the next item on the list. Every case will be distinct.
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You or your spouse may be considering seeking a divorce. You probably want to know how to reduce your financial burdens if divorce happens. If one spouse shows a financial need and the other spouse has the means, Michigan allows the spouse in need to get spousal support.
What is alimony?
Spousal support is a payment made by one ex-spouse to the other during or after a divorce. It is more popularly known as alimony. Spousal support ensures that each spouse can satisfy their financial obligations. These are obligations both during and after your divorce case. The level, frequency, and length of support vary depending on your particular situation. You and your spouse can agree on a spousal support amount and duration. It is so like any other matter in a divorce. The court will uphold that decision if neither party is treated unfairly.
Spousal support can take many different forms, some of which are less and less common options:
Temporary spousal support.
At times one spouse cannot support herself while a divorce is pending. The court has the power to order temporary spousal support. Any party may request this type of support, but the court will only order it if it is deemed necessary. This form of support can also be referred to as the “status quo.” For instance, your spouse would keep paying the rent and utilities for your home if they have done so in the past. If there is a significant disparity in income between the spouses, the judge may order status quo plus an additional sum.
Periodic spousal support.
The most common kind of alimony in Michigan is periodic spousal support. This can be mandated by the court for either a brief or a protracted period of time. This happens when a judge decides that a spouse has the capacity to become independent. Independence is anticipated even if gradually. For instance, one partner quits their employment focusing entirely on raising the children. They can be eligible for short-term or rehabilitative support. They would receive help up until they secured gainful employment.
Permanent spousal support.
One form of alimony that is less frequently used is Permanent Spousal Support. The court can order this when one partner cannot provide for themselves. It can be due to advanced age, poor health, or a handicap. An elderly couple filing for divorce can have this kind of support in their agreement.
Lump Sum Spousal Support
One of the least preferred forms of alimony is the lump sum option for spousal support. Usually, a property order is issued in this situation such as a house. A judge would typically only permit such a situation if the spouse who was being asked to pay could afford it. The benefit of this support is the absence of weekly or biweekly obligations.
How does the court determine spousal support?
In Michigan, there is no formula that judges must follow in granting spousal support. No predetermine formula when determining the quantity and length of spousal support. Judges must take into account certain considerations.
The Michigan Court of Appeals outlined certain elements used in determining spousal support. There are elements taken into account while deciding on a spousal support award in the case of McLain v. McLain. These elements are:
How each spouse behaved throughout the marriage.
The judge will consider the behavior of the parties. Who was to blame for the marriage’s dissolution? Blame by itself does not support a spousal support award.
How long the marriage has been?
The judge is more likely to grant spousal support the longer the marriage has lasted. This is crucial if one partner lacks a career or the necessary employment skills.
Whether the parties can find gainful employment.
A person might be unable to work. A spouse unlikely to get employment is more likely to get spousal support from the court. A person may receive temporary spousal support. The court can grant this to allow them to finish their education or get new skills.
Share of the parties in property distribution and how liquid is the property.
Judges take the kind and quantity of property received during distribution into account. It helps in weighing which party needs spousal maintenance. Normal living expenditures are not typically covered by a property settlement. One party might be receiving most of the non-cash assets. The judge can decide to grant spousal support to that person.
The parties’ ages.
It is more likely for an older person who has not worked during the marriage to need spousal support. If the other spouse is retired and on a fixed income, that could work against the court’s decision to grant spousal support. It is particularly so if the recipient of the support is under retirement age.
Capability for providing spousal support.
The earning potential of the paying spouse will be weighed by the court. It will be weighed against the other spouse’s capacity for self-support.
The parties’ present living conditions.
The judge will take into account factors including the earning potential and future prospects of each spouse.
Each party’s needs.
The judge will look into each party’s needs. This will influence spousal support. Or whether they are able to provide support for their needs.
Each party’s state of health.
A party’s health might interfere with their ability to work. It determines the capacity to take care of personal requirements. Health becomes an important consideration.
The parties’ previous standards of living.
The court considers the standard of living of both parties during the marriage. A person has the right to maintain the same standard of living they had before the marriage. The judge may use spousal support to balance things out. Divorce can force one spouse to maintain the marriage standard of life while the other does not.
Whether each party has other parties to support.
The judge will take into account how each spouse’s obligation to provide for others. This can impact things like their capacity for employment. Or even their capacity to make support payments.
Contribution of each party in the marital estate.
What each partner brought to the marriage will be taken into account by the judge. This goes beyond simply providing financial support. The judge might view both couples’ efforts as equal. The other spouse might have helped with child-rearing.
Whether one or both parties are cohabiting.
A party’s living arrangements. The impact on their financial situation will be taken into account by the judge.
Fairness.
The judge will take what is just and reasonable when granting spousal support.
The judge issues a special order called the Uniform Spousal Support Order or USSO. This is the official court order granting spousal support. The conditions of the spousal support award are in the USSO. This covers the amount of payment, the duration, and the method of payment.
What are the consequences if you don’t pay spousal support?
The Friend of the Court (FOC) in Michigan keeps track of alimony and child support payments. The court will typically issue income withholding orders to the paying spouse’s job. This comes with the divorce’s final decree. An income withholding order specifies the amount, frequency, and length of the award. It also specifies the identities of each spouse and the paying spouse’s employer.
Employer payroll must follow the order. The order ensures relevant amounts are withheld from the paying spouse’s paycheck. It becomes effective after the employer receives the income withholding order. The arrangement ensures money is transferred to the receiving spouse immediately.
Support orders are court orders, thus you must abide by them or face consequences. The recipient may file a motion for contempt with the FOC. The motion is a request for help in the event that the paying spouse ceases making payments.
The paying spouse may be required to appear before the judge to explain non-payment. The FOC determines a party is in violation of the order and sets a hearing. In Michigan, sanctions for contempt include revocation of a driver’s or professional license. FOC can also impose a suspension of passport services. It can execute wage and bank account garnishments. Your local FOC can recommend tax refund interception, and jail terms.
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