Spousal Support
Spousal support is a financial payment made from one ex-spouse to the other. This monthly payout is not required in all Michigan divorces but for some the support must be paid during and after the divorce. The court makes all decisions regarding alimony but your family law attorneys at BBA Law in Shelby Township, MI, will guide you in requesting the fairest arrangement.
How Spousal Support Is Calculated
Spousal support is not mandatory, unlike child support, and there is a subjective formula when it comes to determining how the amount is calculated that includes but is not limited to:
- Both spouses’ income
- Higher-earning spouse’s ability to pay support
- Lower-earning or unemployed spouse’s need for support
- Lifestyle maintained while married
- Earning potential for both parties
- Age and health of both parties
- Contributions to the marriage (e.g., child-rearing, professional goals)
- Debts, assets, and hardships for both parties
Common Types of Spousal Support
A mediator does not make decisions for divorcing couples or tell them what to do. The job of a mediator is to be an impartial third party who helps people reach their own solutions about dissolving their marriage.
- Permanent: Long-term spousal support is often applied to marriages of 10+ years. One spouse may be unable to support themselves because of time out of the workforce to raise children, lack of education because of family obligations, age, or disability. This support order is for alimony payments until death.
- Temporary: Paid during the divorce, temporary spousal support is intended to help the lower-earning spouse cover household costs, like mortgage, bills, food, and clothing. This order lasts until the divorce is finalized or the court issues a new order.
- Short-term: Short-term spousal support is the terminology used when payments are made until a certain event occurs, like retirement or remarriage or when a particular dollar amount has been reached.
- Rehabilitative: If one spouse cannot support themselves, the court will determine how long it may take to get education or training to become employed. The amount and number of spousal support payments are designed to help this rehabilitation occur.
- Lump-sum: A one-time payment of spousal support delivered as a cash amount at settlement.
Negotiating Spousal Support
Spousal support is approached by the court on a case-by-case basis, which is important in a no-fault state like Michigan. Infidelity, hidden assets, lies, or omissions are up for discussion when it comes to negotiating for alimony.
Though many divorces are difficult and unpleasant, some are amicable and splitting couples look at the end of their union logically, like the end of a business deal. Spousal support is simply the fair way to manage finances after the relationship.
For couples that cannot come up with a fair number between themselves, the court reviews the formula and decides what is relevant and what the dollar amount should be. It’s in your best interest to negotiate openly with your ex and their divorce lawyer to get what you want.
Spousal Support vs. Child Support
Spousal support and child support are two different matters. If you are ordered to pay both by the court, that decree is correct. The money you provide for your children is for their needs – food, clothes, shoes, education, activities. Your ex receives this payment, but it’s not intended for bills and lifestyle maintenance. Spousal support is meant to cover the needs of a now one-parent household with your children in it.
Get Legal Support from a Divorce Lawyer
Not every divorce settlement will involve spousal support. Some couples may split the family home or a lucrative asset and call it a day. Whether you anticipate that you will have to pay support or whether you are prepared to receive payments, our divorce lawyers at BBA Law are ready to help. Contact us for a consultation.
