Get on the path to results today. child custody attorney divorce lawyer marriage divorce lawyer free consultation Hartland
Get on the path to results today. child custody attorney divorce lawyer marriage divorce lawyer free consultation Hartland
This video tells you the basics of Michigan Alimony
Spousal support in Michigan is governed by MCL 552.13. Which says "in every action" Brought a court may require a party to pay alimony for suitable maintenance of the adverse party, It also says that if the party receiving gets remarried the court may terminate the alimony.
In a case where the parties can't agree on whether someone is entitled to spousal support a judge will decide at trial There are certain factors that the judge will use. These are in general what a judge will consider. 1. Conduct during marriage.2. Length of marriage. 3. Can each party work. 4. How much property is divided in the settlement, 5. Ages of the parties. 6. Ability to pay alimony. 7. Current living situation. 8. Needs of the party. 9. Health of the party. 10. Prior standard of living. 11. If either party has other people to support. 12. What each party has contributed to the marital estate. 13. If either party lives with someone else 14. Fairness
Determination of the amount that a person will pay or receive is usually set by a standard guideline that is based on the above factors. The guidelines are pretty standard. Once it is determined by the above principles that a person will receive alimony then the guidelines will determine the amount. These are fairly accurate and a judge will usually follow them to the letter. However, if for some reason there may be compelling reasons to deviate from said guidelines.
Same-sex couples that are involved in a divorce are entitled to the same determination in regards to alimony.
Sometimes when a party is entitled to some amount of alimony in Michigan a party can offset that amount in an agreement. Remember, in a divorce settlement right up to trial the parties can reach any kind of agreement they want. For instance, if a party is entitled to receive alimony the parties could agree to a larger portion of a 401 k percentage up front as an offset. Sometimes if there is equity in a property that will be sold a a larger percentage of the equity can be used to offset the spousal support amounts.
If you have questions about Alimony feel free to call my office at 810-632-9160 or 248-882-0838. I am a divorce attorney located in Hartland Michigan in Livingston County. I provide services in Howell, Brighton, Fowerville, Fenton, Highland, White Lake, Milford, all of Oakland County, Genesee County, Washtenaw. If you are looking for a divorce attorney in Michigan I try to be very affordable and give big firm quality and downhome service,