Divorce Alimony in Michigan
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Alimony or Spousal support in this state is paid as a lump sum amount or as periodic payments. The periodic payments might be permanent (till the death, remarriage or next order by court) or rehabilitative (for a brief period during which the recipient is expected to become self reliant).
Factors considered by court in Divorce Michigan Alimony
- The court attempts to make a fair decision and ascertains that none of the spouses are impoverished due to divorce. It considers the incomes of both spouses, the amount that the payer could reasonably afford to pay and the amount required by the recipient
- Both spouse should be able to continue their standard of living that existed during marital life
- The health of both parties should be considered as it decides the personal requirements and the ability to work
- The current and future requirements of the spouse requesting support
- The current capacity of the payer to disburse money
- It is determined whether one spouse is willfully decreasing income to avoid payment of alimony. In this way, the unexercised ability to earn is decided. The objective of this study is to safeguard the recipient spouse from poverty due to neglect of responsibility of the payer
- The ages of both partners are crucial to decide the capacity of both parties to support self
- The earning potential from the assets of both spouses is recognized. This is particularly vital when both spouses have considerable assets and a large difference in their respective incomes. Care is taken that a partner is not coerced by the circumstances to dissipate the property award to support self
- Let us assume that a temporary spousal support has been awarded. However, there is grave doubt whether the recipient would be able to support self after expiry of the period of payment. In such a case, the award of temporary support is unfair
- In case of long term marriages, it is frequently observed that one of the spouses has a lack of career or marketable skills. As a consequence of the divorce of such marriage, this spouse would possibly have a lower standard of living. Here, it is very essential to offer alimony
- The demeanor or fault of the spouses in marital life is considered. Any past record of substance abuse or infidelity is probed. These facts have a definite impact on the decision of spousal support
Termination of Divorce Michigan Alimony
- If there is a change in circumstances and this has resulted in decreased income, this may result in a decrement in spousal support. For example, when the payer retires from service
- Any incidence of mutual error, duress or fraud
- If the recipient spouse cohabits, the alimony payments may cease except when mentioned otherwise in the judgment
- If the recipient remarries, the alimony payments are stopped, unless the contrary is stated in the judgment
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