Ending a marriage creates financial uncertainty. At Friedman Law Firm, our Michigan alimony attorneys help you navigate the process of determining spousal support, also known as alimony. We address your concerns about affording life after divorce and ensure you understand the factors that shape a fair outcome.
Michigan law does not use a rigid formula to calculate spousal support. Instead, a judge evaluates several factors to fit the unique circumstances of your case. Because the outcome depends heavily on how you present these facts, our attorneys provide the clear guidance and strong advocacy necessary to protect your financial future.
A Michigan alimony attorney at Friedman Law Firm can provide the informed guidance and strong advocacy needed to protect your financial interests and help you move forward with confidence.
To begin the process with clarity and support, we encourage you to schedule a free and confidential consultation by calling (248) 932-0900 or visiting our contact page.
Friedman Law Firm’s Approach to Your Michigan Alimony Case
When you’re going through a divorce, figuring out spousal support can feel confusing and stressful. You may be wondering what to expect, whether you’re the one who may be paying or receiving support. A Michigan alimony attorney at Friedman Law Firm can help you understand your rights and pursue an outcome that is fair, financially sound, and legally supported.
Our firm, founded by attorney Lowell Friedman, serves clients throughout Southeast Michigan, including those in and around our Royal Oak and Novi offices. We take a thoughtful and personalized approach to every case, beginning with a careful review of your individual circumstances including your financial background, and your goals moving forward. With that knowledge, we develop a clear and strategic plan tailored to your unique needs.
Our goal is to pursue a fair and practical resolution through open dialogue with the other party, often achieved through negotiation or mediation. These methods can reduce conflict, save time, and ease the emotional burden of the process.
However, if a mutual agreement cannot be reached, we are fully prepared to advocate for you in court. Throughout every stage, we focus on providing clear guidance, protecting your financial interests, and helping you move forward with confidence and stability.
What Is Spousal Support in Michigan?
Spousal support, often called alimony, is money that one spouse pays to the other during or after a divorce. It is not about blame or rewarding one person over the other. The main idea is to help both spouses adjust to living apart, especially if one person stayed home or made less money during the marriage to support the family.
The court tries to help both people live as reasonably as they can after the divorce, based on what they were used to during the marriage. Of course, it is hard to keep up the same lifestyle in two homes on the same income, so the court works to divide things in a way that makes sense.
Unlike child support, there isn’t a strict formula to figure out alimony in Michigan. Judges in counties like Oakland have a lot of flexibility. They decide if spousal support should be paid at all, how much the payments will be, and how long they will last.
Given the wide discretion judges have in deciding spousal support, the way your case is prepared and presented can significantly influence the outcome. A Michigan alimony attorney with the experience to organize the facts effectively and communicate your position clearly can help you achieve a more favorable result.
11 Key Factors Michigan Courts Use to Decide Alimony
A Michigan alimony attorney can help you understand how courts in Oakland County and across Southeast Michigan make decisions about spousal support. Judges follow established legal criteria rather than personal discretion.
Instead, they are required to look at a specific list of 11 legal factors outlined in Michigan’s spousal support law (MCL 552.23). These factors help the court decide what is fair based on each person’s situation.
An experienced Michigan spousal support lawyer will know how to apply these factors to your specific circumstances.
1. Past Conduct During the Marriage (Also Known as Fault)
Although Michigan is a no-fault divorce state, a judge may still consider how each spouse behaved during the marriage. If one person used money irresponsibly, committed adultery that affected finances, or caused harm through abuse or addiction, that behavior might be considered. This is just one factor among many and does not decide the entire outcome.
2. How Long the Marriage Lasted
The length of the marriage is an important part of the decision. Longer marriages often involve more shared financial history and may lead to longer spousal support.
For example, if one spouse stopped working to raise children in a marriage that lasted 20 years, the court may see that as a reason to award support. In shorter marriages where both spouses worked, support may be less likely.
3. Each Spouse’s Ability to Work
The court looks at each person’s ability to earn money now and in the future. Factors include age, education, job skills, work experience, and how long someone has been out of the workforce.
If one person needs job training or time to get back into the workforce, that may be taken into account when deciding the amount and length of support.
4. What Property Each Person Received
Property division and spousal support go hand in hand. If one spouse receives valuable assets, like a rental home in Royal Oak or investments that generate income, they may need less monthly support. The court reviews what each person has and how those assets affect their financial needs.
5. Age of Each Spouse
A person’s age can affect their ability to become financially independent. A younger person may have more time to return to work or build a career.
An older spouse might find it more difficult to re-enter the job market or save for retirement. The court considers these facts when deciding on spousal support.
6. The Paying Spouse’s Financial Ability
The court reviews whether the person being asked to pay support can actually afford it. A judge looks at income, living costs, debt, and other financial obligations. The law does not allow support orders that would leave the paying spouse without enough money to meet their own basic needs.
7. Current Financial Situation
A judge considers each person’s current income, expenses, and living situation. This includes any temporary support already in place during the divorce. The goal is to understand the financial reality each person is facing during this period of transition.
8. What Each Spouse Needs
This factor focuses on what the spouse requesting support needs to cover their basic living costs, based on the standard of living during the marriage. Budgets may include housing, food, transportation, healthcare, and insurance. The court does not expect either party to live far below the lifestyle they had while married, if that standard is reasonably possible.
9. Health of Each Spouse
Health issues can affect someone’s ability to work or support themselves. Chronic illnesses, disabilities, or mental health conditions may limit income or cause large medical expenses. The court reviews these factors to better understand each spouse’s situation.
10. Standard of Living During the Marriage
The court aims to keep both spouses living at a level that reflects their lifestyle during the marriage, as closely as possible. While it may not be realistic to maintain the exact same lifestyle in two separate households, the judge considers what the couple was used to when deciding what is fair.
11. Other Fairness Factors
This last factor gives the judge the ability to look at anything else that seems relevant. It may include one spouse’s role in supporting the other’s career or education, a large gap in financial resources, or unique facts that don’t fit into the other categories. The court uses this part of the law to make sure the outcome feels fair based on all the facts.
Every divorce is different, and the court takes time to review the full picture before making a decision. A Michigan alimony attorney can help you prepare strong evidence and clear arguments for each of these factors.
With offices in Royal Oak and Novi, Friedman Law Firm serves clients across Southeast Michigan and is ready to guide you through the spousal support process with care and skill.
How Long Does Alimony Last in Michigan?
Spousal support, also known as alimony, is not always a lifelong obligation. In fact, permanent alimony has become less common in recent years. The length and type of support depend on the specific details of the case and are guided by the 11 factors outlined in Michigan law.
A Michigan alimony attorney can help you understand which type of support may apply to your situation and how long it may last.
Temporary Spousal Support (Pendente Lite)
A court may grant temporary spousal support, known as pendente lite support, during the time a divorce case is still in progress. This type of support is intended to help the lower-earning spouse maintain financial stability by covering necessary expenses such as housing, daily living costs, and legal fees while the case is ongoing. The support remains in place only until the final Judgment of Divorce is entered, at which point it automatically ends.
Periodic Spousal Support
Periodic spousal support is the most frequently awarded form of alimony in Michigan. It consists of regular payments made over a defined period, often lasting several years, such as five or ten, depending on the circumstances.
Commonly referred to as rehabilitative support, this type of alimony is intended to provide the receiving spouse with the time and resources needed to pursue education, job training, or employment opportunities that will lead to financial independence.
In determining the appropriate duration and amount, the court takes into account several factors, including the length of the marriage and the estimated time it will take for the receiving spouse to become self-supporting.
Indefinite or Permanent Spousal Support
In situations involving long-term marriages, typically those that have lasted 20 years or more, a judge may decide to award spousal support without setting a fixed end date. This form of support may also be appropriate when one spouse faces significant health issues or has limited capacity to earn income due to age, disability, or extended time out of the workforce.
While often called permanent, this type of support doesn’t always last a lifetime. Payments generally end upon the death of either party or if the receiving spouse remarries. Additionally, the court retains the authority to modify the arrangement if there is a substantial change in circumstances after the order is entered.
Lump-Sum Spousal Support
Instead of monthly payments, alimony can be paid in a single lump sum or through the transfer of an asset such as an investment account or real estate. This option allows both parties to separate their finances without the need for ongoing payments. While less common, lump-sum support can be helpful in high-asset divorce cases where a clean financial break is preferred.
Can You Modify Spousal Support in Michigan?
People’s financial situations often change after a divorce. Someone might lose a job, experience a drop in income, develop a medical condition, or face another major life event. Michigan law allows most periodic spousal support awards to be modified.
Under MCL 552.28, either spouse can ask the court to change the support amount or duration if there has been a significant and unexpected change in circumstances since the original order was issued.
However, during the divorce process, both parties can agree to make alimony non-modifiable. This means neither person can return to court later to ask for changes, no matter what happens with income, employment, or health. Given how permanent this decision can be, speak with a Michigan alimony attorney before finalizing any agreement.
How Is Alimony Paid in Michigan—and What Are the Tax Rules?
Once a judge orders spousal support, it becomes a legally binding obligation. Payments are typically made directly from the paying spouse to the receiving spouse on a monthly or bi-weekly basis.
For accountability, payments are often processed through the Michigan State Disbursement Unit (MiSDU). This creates an official, undisputed record of all payments made and received, which can be helpful if there are ever questions about compliance.
It is also important to understand the current tax implications of alimony. A major federal law change altered the rules for divorces finalized after 2018. Under current law as described by the IRS, for any divorce finalized on or after January 1, 2019:
- Spousal support payments are not tax-deductible for the person paying them.
- Spousal support payments are not considered taxable income for the person receiving them.
This is a significant departure from the old system. This change significantly impacts how much the payer actually spends and how much the recipient ultimately receives, making it a critical factor in settlement talks.
Michigan Alimony FAQs
What happens if my ex-spouse starts living with someone else?
If your divorce judgment defines cohabitation (living with another person in a romantic relationship) as a reason to terminate or modify alimony, you can file a motion with the court.
Simply living with a new partner is not an automatic reason for support to end unless it is specified in your agreement or the partner is contributing to your ex-spouse’s expenses, which may constitute a significant change in financial circumstances.
Can I receive spousal support if I was the one who filed for divorce?
Yes. The decision to award spousal support does not depend on who initiated the divorce proceedings. Michigan is a no-fault divorce state, meaning either party can file for any reason. The court’s decision on alimony will be based on the 11 statutory factors, including financial need and ability to pay, not on who started the case.
How do child support payments affect an alimony award?
Child support and spousal support are calculated separately, but they influence each other. A judge considers each parent’s income and financial obligations when determining alimony.
Since paying or receiving child support directly impacts a person’s net income and budget, the court will account for those payments when assessing a spouse’s need for, or ability to pay, spousal support.
Does my spouse’s retirement change my spousal support?
Retirement can be a valid reason to modify or terminate spousal support, provided it is a genuine change in circumstances.
If the paying spouse retires at a reasonable age and experiences a significant income reduction, a court may agree to lower or end the alimony payments. However, a court will look skeptically at an early retirement that appears designed solely to avoid the support obligation.
Start Building a Fair Alimony Strategy Today
Spousal support is not about punishment or reward. It is a legal tool designed to help both spouses move forward after divorce with greater financial stability. Whether you are requesting support or responding to a request to pay it, the goal is to reach an outcome that is fair, practical, and based on the specific facts of your marriage.
Managing the financial side of divorce can be challenging, but you do not have to go through it alone. The legal team at Friedman Law Firm is ready to protect your interests and provide clear, strategic guidance throughout the process. If you’re wondering how to file for divorce in Michigan, we can help with that too.
To speak with an experienced Michigan alimony attorney, call us today at (248) 932-0900 to schedule a free and confidential consultation or visit our contact page.