Divorce is never an easy process, regardless of the state you reside in. In Michigan, divorce laws can be complex, making it essential to familiarize yourself with the regulations. One of the challenging areas is spousal support. In this article, we’ll explore Michigan’s divorce laws regarding spousal support and everything you need to know about the regulations.
What is Spousal Support?
Spousal support, also known as alimony or maintenance, is a legal obligation for one spouse to provide financial support to the other spouse following a divorce. Typically, spousal support is granted for the spouse who was financially dependent on the other spouse during the marriage. The support aims to allow the disadvantaged spouse to maintain a reasonable lifestyle after the divorce.
Types of Spousal Support in Michigan
In Michigan, there are various types of spousal support that the court can order. They include:
Temporary Spousal Support – This type of support is ordered by the court during divorce proceedings.
Rehabilitative Spousal Support – This support is given to enable one spouse to acquire education, training, or skills to enable them to support themselves.
Reimbursement Spousal Support – This support is given to reimburse one spouse for expenses incurred during the marriage, such as education that benefits the other spouse.
Permanent Spousal Support – This support is granted to ongoing support to a spouse who is unlikely to become self-supporting.
Factors Considered when Determining Spousal Support in Michigan
Michigan divorce laws regarding spousal support are designed to be fair and reasonable to both spouses. When determining spousal support, several factors including, but not limited to:
Length of the marriage – Generally, longer marriages may require more support.
Age and health of the spouse – Older and/or unhealthy spouses may require more support.
Ability of each spouse to support themselves – The court will assess each spouse’s ability to support themselves after the divorce.
Standard of living established during the marriage – The court may consider the standard of living, both past, and present.
Education and employment skills of each spouse – The court will determine if the spouse needs education or training to become self-sufficient.
Responsibility for the children – The court may consider if the spouse who has primary custody of the children requires additional support.
How is Spousal Support Determined in Michigan?
The determination of spousal support in Michigan is based on the factors mentioned above plus any unique issues of the case. Specifically, the court may evaluate the nature and extents the parties’ involvement in the marriage, the source, and amount of property awarded to the parties during the divorce, and other circumstances peculiar to the case.
Modification of Spousal Support in Michigan
Michigan divorce laws allow for spousal support modifications. There must be a significant change in circumstances to petition for such modifications. For example, if the supported spouse becomes self-supporting or if there is a substantial increase or decrease in income for the supporting spouse.
Conclusion
Michigan divorce laws regarding spousal support have several nuances that one must understand. When going through a divorce process, it’s important to consult with an experienced family law attorney to get the appropriate assistance throughout the process. Understanding spousal support and how the court decides and modifies the spousal support will save you time and stress during the process.