Few issues in divorce create more false confidence than alimony. Many spouses walk into negotiations believing the outcome is obvious: long marriage equals support, short marriage equals none, or bad behavior equals punishment.

In reality, some of the strongest-looking alimony positions lose—not because the law is unfair, but because Michigan’s spousal support analysis is discretionary, contextual, and unforgiving of assumptions.

Understanding why good alimony arguments fail is often more important than knowing the myths themselves. In Michigan, spousal support is not about entitlement—it is about balance.

At Boroja, Bernier & Associates, we help clients throughout Southeast Michigan navigate spousal support issues—whether you’re seeking support, expecting to pay it, or trying to modify an existing order. Let’s separate fact from fiction.

Common Alimony Myths—And the Truth

Myth 1: Alimony is automatic after a long marriage.

Many people assume that staying married for 10, 15, or 20 years guarantees alimony. It doesn’t. While marriage length is an important factor, it’s just one of many. A spouse married for 25 years who has equivalent earning capacity to their partner may receive little or no support. Conversely, a spouse in a shorter marriage who sacrificed career advancement to raise children might receive substantial support.

Length of marriage opens the door to spousal support—it does not dictate the outcome. Courts are increasingly skeptical of arguments that treat duration as a proxy for dependency. A long marriage with two employable spouses often results in limited or transitional support, not long-term payments. Many cases lose because they stop at “we were married 20 years” and don’t go further.

Myth 2: Alimony lasts forever.

Permanent alimony exists but is increasingly rare. Most spousal support awards in Michigan are temporary or rehabilitative—designed to help a lower-earning spouse become self-sufficient. Courts recognize that circumstances change, and open-ended support obligations are the exception, not the rule.

Many alimony claims fail because they focus on fairness in isolation rather than feasibility in context. Michigan courts do not award spousal support to equalize lifestyles indefinitely. They award support to address economic imbalance without creating a new one. Requests that ignore the paying spouse’s post-divorce reality often collapse under scrutiny.

Myth 3: Only women receive alimony.

Michigan law is gender-neutral. Either spouse can receive support based on financial need and the other spouse’s ability to pay. As more households feature dual incomes or stay-at-home fathers, courts regularly award support to husbands when the circumstances warrant it.

Myth 4: Adultery means no alimony.

Michigan is a no-fault divorce state. While fault can sometimes influence spousal support decisions, adultery alone doesn’t automatically disqualify someone from receiving support or require the unfaithful spouse to pay more. Courts focus primarily on financial factors, not punishment.

While fault may be considered, courts are wary of using spousal support as a punishment mechanism. Alimony arguments that lean too heavily on moral blame rather than financial impact often backfire, particularly when the misconduct did not materially affect the marital estate.

Myth 5: There’s a formula for calculating alimony.

Unlike child support, Michigan has no statutory formula for spousal support. Judges have broad discretion to determine the amount and duration based on the specific facts of each case. This makes experienced legal representation particularly valuable—outcomes can vary significantly depending on how effectively the case is presented.

How Michigan Courts Decide Spousal Support

Michigan has no statutory formula for spousal support. Instead, courts are tasked with reaching an outcome that is “just and reasonable” under the circumstances. This grants judges broad discretion—and means that outcomes depend heavily on how evidence is framed, what tradeoffs are acknowledged, and whether the requested support aligns with the overall financial picture of the divorce. This explains why two similar cases can end quite differently.

Since there’s no formula, what do judges actually consider? Michigan courts evaluate a comprehensive list of factors when determining whether to award spousal support, how much, and for how long.

• The length of the marriage. Longer marriages generally create stronger grounds for support, especially when one spouse has been out of the workforce for an extended period. A 20-year marriage where one spouse stayed home typically presents different considerations than a 3-year marriage between two working professionals.

• Each spouse’s ability to work. Courts consider age, health, education, and job skills. A 55-year-old who left the workforce two decades ago faces different employment prospects than a 35-year-old with a current professional license.

Courts care less about what a spouse earned historically than what they can reasonably earn going forward. Failing to address employability, retraining timelines, and labor market realities allows judges to fill in the gaps—often unfavorably. This is where unsupported “I can’t work” claims fall apart.

• The standard of living during the marriage. Michigan courts try to help both spouses maintain a lifestyle reasonably comparable to what they enjoyed while married—at least during a transition period. This doesn’t mean exact equality, but it does mean considering what’s realistic for both parties.

• Each spouse’s current income and earning capacity. If one spouse earns significantly more than the other, that disparity weighs toward support. Courts also consider earning potential—what each spouse could earn with reasonable effort.

• The contributions of each spouse to the marriage. This includes financial contributions and non-financial contributions like homemaking, child-rearing, and supporting the other spouse’s career advancement. A spouse who put their own career on hold to raise children or relocate for their partner’s job has made valuable contributions the court will recognize.

• The age and health of each spouse. Health problems or advanced age that limit employment options can increase the need for support.

• The property division in the divorce. Spousal support and property division work together. If one spouse receives a larger share of marital assets, that might reduce the need for ongoing support payments.

Spousal support does not exist in a vacuum. Judges routinely reduce or deny support when a party receives substantial assets capable of generating income or providing long-term security. Ignoring this interaction is one of the fastest ways to overplay an alimony request.

• Fault or misconduct. While Michigan is a no-fault state for divorce grounds, conduct during the marriage can sometimes influence support decisions. Domestic violence, financial misconduct (like hiding assets or running up debt), or other egregious behavior may be considered under MCL 552.23.

Types of Spousal Support in Michigan

Michigan courts can structure spousal support in several ways, depending on the circumstances:

• Temporary support is awarded during the divorce proceedings to maintain stability while the case is pending. It ends when the divorce is finalized and a permanent order (or no order) takes effect.

• Rehabilitative support is the most common type. It provides financial assistance for a defined period while the receiving spouse gains education, training, or work experience needed to become self-supporting. For example, a court might award three years of support while a spouse completes a degree program.

• Permanent support is reserved for situations where the receiving spouse is unlikely to ever become self-sufficient—typically due to age, disability, or a very long marriage where re-entering the workforce isn’t realistic. Even “permanent” support usually ends upon the recipient’s remarriage or either party’s death.

• Lump-sum support provides a single payment instead of ongoing monthly payments. This can be useful when both parties prefer a clean break or when the paying spouse has assets but limited income.

Negotiating Spousal Support

Because judges have so much discretion, negotiation plays a significant role in most spousal support outcomes. Many divorcing couples reach agreements on support without going to trial.

Effective negotiation requires understanding your leverage and your spouse’s likely arguments. If you’re seeking support, documenting your contributions to the marriage, your current financial needs, and the time required to become self-supporting strengthens your position. If you expect to pay support, demonstrating your spouse’s earning capacity and presenting realistic budgets can help limit the obligation.

Consider the tax implications. Under federal tax law changes that took effect in 2019, alimony payments are no longer deductible for the payer or taxable to the recipient for divorces finalized after December 31, 2018. This affects how much support actually costs the payer and how much the recipient actually receives.

Also consider whether support should be modifiable. Some agreements specify that support cannot be modified regardless of changed circumstances. Others allow either party to seek adjustment if income changes significantly. Building in clear terms now can prevent disputes later.

When Spousal Support Can Be Modified or Terminated

Life doesn’t stand still after divorce. Michigan allows modification of spousal support when circumstances change significantly.

Many spouses assume spousal support is either untouchable or endlessly modifiable. In reality, the language of the judgment matters more than the underlying facts. Agreements that waive modification or fail to define triggering events can lock parties into outcomes that no longer reflect economic reality.

Common reasons to seek modification include:

• Job loss or income reduction. If the paying spouse loses their job or experiences a substantial pay cut through no fault of their own, they may be able to reduce support. Similarly, if the receiving spouse’s income increases significantly, that might justify a reduction.

• Retirement. When the paying spouse reaches retirement age and their income drops, modification may be appropriate—though courts will consider whether the retirement was reasonable and made in good faith.

• Health changes. Serious illness or disability affecting either party can warrant a fresh look at support.

• Cohabitation or remarriage. Many support orders terminate automatically if the recipient remarries. Cohabitation with a new partner may also be grounds for modification, depending on the arrangement’s terms.

To modify support, you’ll need to file a motion with the court and demonstrate that circumstances have changed substantially since the original order. The court will then reevaluate the relevant factors.

Frequently Asked Questions About Alimony in Michigan

How long does alimony last in Michigan?

There’s no set formula. Duration depends on factors like marriage length, the recipient’s ability to become self-supporting, and the parties’ agreement or the judge’s decision. Short-term marriages might result in a year or two of support. Longer marriages might lead to support lasting several years or, in rare cases, indefinitely.

Can I get alimony if I was the one who filed for divorce?

Yes. Who files for divorce doesn’t affect eligibility for spousal support. Courts focus on financial need and ability to pay, not who initiated the proceedings.

Does cheating affect alimony in Michigan?

Adultery alone typically doesn’t determine spousal support outcomes. However, if the affair involved spending marital funds on a paramour or other financial misconduct, that could influence the court’s decision on both property division and support.

Can spousal support be waived in a prenuptial agreement?

Yes, but the waiver must meet Michigan’s requirements for enforceable prenuptial agreements. Both parties must fully disclose their finances, sign voluntarily without coercion, and the agreement generally must not be unconscionable. Courts can sometimes set aside waivers that would leave one spouse destitute.

What if my ex stops paying alimony?

You can enforce the order through the court. Remedies include wage garnishment, contempt proceedings, and other collection methods similar to those used for child support enforcement under MCL 552.631.

Why do some strong alimony positions still lose?

Good alimony arguments often fail because they rely on assumptions rather than evidence. Overreliance on marriage length, ignoring what a spouse could realistically earn, treating support as separate from property division, or leaning too heavily on fault rather than finances—these are common pitfalls that weaken otherwise solid claims.

Take the Next Step: Get Clear Answers About Spousal Support

Spousal support can significantly impact your financial future after divorce. Whether you’re concerned about affording life on your own or worried about an unreasonable support obligation, getting accurate information early helps you make better decisions.

At Boroja, Bernier & Associates, our family law attorneys help clients in Macomb County, Oakland County, Wayne County, and throughout Southeast Michigan understand their options and pursue fair outcomes. With our main office in Shelby Township and satellite offices in Troy, Ann Arbor, and Lansing, we provide experienced guidance throughout the divorce process.

To schedule a consultation with the Michigan family law attorneys at Boroja, Bernier & Associates, call our law offices at (586) 991-7611. We’ll help you understand what spousal support might look like in your situation and how to protect your interests.