Are you concerned about alimony after your divorce?
Don’t be. Most people are. In fact, finances (especially support/alimony) are one of the most common reasons people divorce. They split, and then suddenly they have to support someone they no longer want to support? Ugh.
Fortunately, alimony and spousal support laws, even though they may seem convoluted and overwhelming, can actually help many divorcing people achieve the financial freedom they want after divorce.
The only problem is, most people THINK alimony and spousal support are part of a divorce settlement, when, in actuality, only 10% of all divorce cases in the United States involve alimony or spousal support.
Wow, right?
But, seriously, before you freak out and jump to the conclusion that because you are going through a divorce in Michigan, you are going to have to pay alimony/spousal support, or vice versa, you need to educate yourself on this.
This includes learning and understanding such topics as:
1) who is even eligible for spousal support,
2) what is considered rehabilitative alimony vs. permanent support,
3) how to make a request for modification of alimony payments,
4) how judges determine alimony, and, finally,
5) what the future of alimony actually is. Let’s break this all down, shall we?
Let’s do this…
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What Is Alimony & How Does It Work?
Does alimony always come with divorce?
The answer to that question is not as straightforward as you might hope. In reality, however, the answer is very different from what most people expect.
Basically, alimony (aka spousal support) is a stream of money paid by one spouse to another after divorce. The main purpose of alimony is to prevent the dependent spouse from facing economic hardship after separation.
Alimony is something that can definitely come with divorce, but only in limited circumstances, such as if there is a court order mandating its payment or an agreement between the parties that includes an alimony provision.
So before you freak out and jump to the conclusion that because you are going through a divorce in Michigan, you are going to have to pay alimony/spousal support, or vice versa, you need to educate yourself on this.
This includes learning and understanding such topics as: 1) who is even eligible for spousal support, 2) what is considered rehabilitative alimony vs. permanent support, 3) how to make a request for modification of alimony payments, 4) how judges determine alimony, and, finally, 5) what the future of alimony actually is. Let’s break this all down, shall we?
Let’s do this…
Contents show
Who Qualifies For Spousal Support?
The short answer is: maybe, but not necessarily.
In Michigan, a person qualifies for spousal support if they are the lower-earning spouse and they meet certain criteria set out by state law. This is where having a Michigan divorce and family lawyer review your case early on can help you understand what to expect.
For instance, if you got a job at the same time as your spouse did, and your salary is equal or only marginally different, then spousal support is probably not going to be a part of your divorce settlement.
On the other hand, if you have been married for a long time, you have significantly lower income than your spouse, and you are not able to support yourself without financial assistance, then you may very well be eligible for alimony.
Different Types Of Alimony Payments
There are several different types of alimony that may be awarded in a divorce case.
They can be broken up into three categories: temporary, rehabilitative, and permanent. Each serves a different purpose and has its own set of eligibility requirements.
Temporary alimony is just that–temporary. It’s awarded while the divorce is pending and usually ends once the divorce is finalized.
Rehabilitative alimony is awarded to help the receiving spouse get back on their feet. This might include costs related to job training, education, or even health care.
Permanent alimony is just what it sounds like–it’s awarded for an indefinite period of time (usually until one of the spouses dies).
Time x Style of Michigan Judges Determine Alimony
Judges have a lot of discretion when it comes to determining alimony in Michigan.
Generally, they will look at a variety of factors, including the length of the marriage, the income and earning capacity of both spouses, and the standard of living enjoyed by the couple during their marriage.
They will also consider each person’s age and health, as well as any child-care responsibilities they have.
The purpose of alimony in Michigan is to provide financial support for the lower-earning spouse after divorce so that they can maintain a similar standard of living to that which they had during their marriage.
Courts can award different types of spousal support, including temporary, rehabilitative, and permanent alimony. Which type is granted will depend on the specifics of the case.
Changing Face of Alimony Today
Alimony is evolving rapidly.
What may have been true about spousal support 20 years ago or even 10 years ago, just is not the case any longer. For one, the amount and types of alimony payments and awards in states like Michigan have changed dramatically over the past few decades.
The result of those changes is a system of spousal support that is more likely to be temporary and rehabilitative in nature. As well as a system that has overall, in many states, become increasingly gender-neutral when it comes to payments and awards. In fact, 45% of divorce lawyers have reported an increase in women paying alimony to their ex-husbands in recent years.
Long story short: if you’re worried that your divorce in Michigan is automatically going to mean alimony, it’s not necessarily the case–your attorney will have a good idea about what to expect, and you should, too.
Smart Strategies
If you are concerned about spousal support or alimony as a result of your divorce in Michigan, sit down with your attorney and talk about what makes the most sense for you and your situation.
If you are likely to be ordered to pay support, that’s not necessarily the end of the world. You can, and should, negotiate the terms of that order to make it as favorable to you as possible.
And if you are likely to receive support, again, that’s not necessarily a bad thing either.
However, if that is the case, you want to be sure that you are actually getting the full amount that you are entitled to under the law. This means keeping good records and understanding your rights when it comes to spousal support in Michigan.
Either way, the key is to be proactive and informed about the situation so that you can make the best decisions for yourself.
Pulling It All Together
As you can see, alimony and spousal support are complicated. But they also are very specific, and only a percentage of people who go through divorce actually even deal with or face alimony in their cases.
The important thing is that if you are facing divorce in Michigan, you know what to expect and how to proceed when it comes to alimony and spousal support.
Because they may be part of your divorce case. Or they may not.
You and your lawyer will know best once you educate yourselves on this and review your circumstances. But they’re not something that should be feared.
They are just a part of the divorce process, like everything else you’re doing in your case in Michigan.