Michigan Spousal Support Attorney
Michigan law provides that spousal support or alimony may be granted to either spouse in connection with a divorce action. The law governing spousal support is complex and permits contractual modifications of statutory provisions. Whether you are asking for spousal support or you have been requested to pay spousal support, it is in your best interest to seek the guidance of knowledgeable counsel. At the Law Office of Julian J. Poota, PLLC, we counsel our Michigan family law clients and zealously advance their legal interests in negotiations and in court to help ensure that any alimony or spousal support amount is fair, equitable, and an adequate reflection of the specific needs of their situation.
A court order for spousal support or alimony may provide a spouse with temporary financial assistance during a short transition period. On the other hand, spousal support may also be ordered to be paid to a spouse for a longer period of time after the marriage has been dissolved and, in some cases, an order for support may be permanent. Spousal support in Michigan can be ordered by the court at a contested hearing or trial or can be negotiated by the parties through a consent order.
When considering the issue of alimony or spousal support in Michigan, a court is to consider the following factors:
- The past relations and conduct of the parties
- The length of the marriage
- The abilities of the parties to work
- The source and amount of property awarded to the parties
- The parties’ ages
- The abilities of the parties to pay alimony
- The present situation of the parties
- The needs of the parties
- The parties’ health
- The prior standard of living of the parties and whether either is responsible for the support of others
- Contributions of the parties to the joint estate
- A party’s fault in causing the divorce
- The effect of cohabitation on a party’s financial status
- General principles of equity
Unless otherwise agreed to by the parties, once ordered, the amount of alimony or spousal support payable and the duration of payment may only be modified upon a showing of a change in circumstances. In Michigan, spousal support, unlike child support, is negotiable between the parties. The parties may agree in the judgment for a specific amount of spousal support for an agreed upon duration. On the other hand, the parties may agree that alimony is forever barred and not subject to modification.
Given the variations in Michigan law and the numerous factors affecting the amount of spousal support payable from one party to the other, it is critical that you receive sound legal advice, whether you are the party paying support or the party receiving support. If a courtroom battle is in your best interest, we zealously advocate on your behalf to ensure that the court's order of support is fair and just.