Alimony Attorney in Birmingham, MI
As a Michigan divorce attorney, Logan Mackensen works with her clients to get the alimony they deserve. Serving Oakland, Macomb, Wayne, Washtenaw, Ingham, Genesee and other counties throughout Michigan, Mackensen Law has extensive family law and litigation experience and is ready to skillfully and zealously advocate for you as you seek an award of spousal support that’s fair and equitable.
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Alimony (Spousal Support) in Michigan
At Mackensen Law, we are here to guide you through all aspects of divorce with respect, empathy and expertise. How you will maintain your lifestyle and finances post-divorce is a common consideration as you approach this difficult process; one that causes many people a tremendous amount of anxiety. How will I adjust to my new normal? Will I be able to afford to live the way I’m used to living? You may be familiar with alimony but have questions about what it means for you and how it works in Michigan. We will walk you through these specifics and more so that you feel confident and prepared and can set your expectations accordingly.
Alimony, or spousal support, is when one or both spouses provides financial support to the other during a legal separation or after a divorce. Its purpose is to establish an equitable financial arrangement that mitigates any negative impact caused by the separation or divorce. Whether alimony is awarded, in what amount, and for what period of time varies significantly depending on the specifics of the situation.
How Alimony is Determined
How alimony is determined in Michigan depends on a variety of factors specific to each case. The goal is to reach a fair and equitable decision that supports the circumstances and needs of both parties. The decision to award spousal support and the amount ordered is based on these key factors:
Length of the marriage. If spouses were married for a long time, the alimony award may be higher than if they were only married for a short time.
Past conduct (including fault in the divorce). If a spouse conducted themselves in a way that negatively impacted the other person or the marriage financially, or if their behavior played a significant role in the end of the marriage, the court may determine the other party is entitled to alimony.
Age, health and ability to work. Factors that impact the earnings potential of either party such as advanced age or health issues can be used in the spousal support determination.
Current financial situation and ability to pay. Courts will consider whether a spouse can support him or herself while simultaneously paying to support the other spouse, in light of current income, assets and liabilities.
Economic needs and prior standard of living. This takes into account the standard of living of each spouse during the marriage and if financial support is needed to maintain his or her lifestyle and/or to meet his or her needs.
Division of assets. Depending on how assets or property is divided in the divorce, a spouse may have a greater need for or a better ability to pay alimony.
Responsible for supporting another person. If a spouse is financially supporting a dependent such as a child or an elderly parent, that can be considered in the alimony determination.
General fairness and equity. Ultimately, the goal of the court system is to be fair and equitable in decisions to award spousal support.
Alimony Frequently Asked Questions
How long does alimony last?
The analysis of how long alimony will last is almost identical to (and sometimes simultaneous with) the process of determining how much alimony will be awarded. These determinations can be made through negotiations, or the factors can be argued in Court.
Alimony can be temporary, until a spouse is able to reach self-sufficiency, or it an be permanent, perhaps in cases where a spouse is of advanced age or is otherwise unable to become self-sufficient. The job of an alimony attorney is to represent you in seeking an equitable outcome that accurately reflects your needs and circumstances.
Can alimony be changed?
Alimony orders in Michigan can be modifiable or non-modifiable. If the order is non-modifiable, it is not eligible to be changed except under very limited circumstances. If the order is modifiable, it can be changed in the event of a significant change in circumstances that could not have been anticipated at the time of the original order. Significant changes in income, new health issues impacting either party’s ability to work, and re-marriage are all examples of life events that could justify a change in the spousal support agreement.
How long do you need to be married to get alimony?
There is no set length of time in a marriage that is required in order to qualify for alimony in Michigan. The length of the marriage (amongst many other considerations) does factor into the court’s decision of whether to award alimony, and if so, how much either party receives. In general, the likelihood that spousal support will be ordered is higher in a longer the marriage, but every case is assessed based on its unique and individual circumstances. Consulting with an attorney will help you get a better understanding of the specific considerations and possible outcomes in your case.
How does alimony differ from child support?
Child support and alimony are separate legal processes with different considerations under Michigan law. Child support concerns financial support for dependent children, based upon a set calculation, while alimony deals with financial support for a former spouse. The fact that both can be litigated through the divorce process and that both involve financial support are the main commonalities between the two. Child custody is yet another legal process that while related, is not litigated the same way as child support or alimony.
If you have additional questions about alimony in Michigan or would like guidance and support for your specific case, get in touch with us for a free consultation.