
Am I Eligible to Receive Spousal Support in My Divorce?
On Behalf of Law Offices of Michael A. Robbins | Jun 25, 2019 | Uncategorized |
If you are considering divorce in Michigan or have already started the divorce process, you are likely thinking about spousal support if you were not the primary earner in the family. It is common for one spouse to receive maintenance or support-also known in some states as alimony-from the other spouse. While there is no specific formula under Michigan law that courts use to calculate the amount of spousal support that is appropriate in any given case, there are numerous factors that the court takes into consideration when determining the amount. However, before a divorce court can decide on the amount of spousal support, it first must determine whether spousal maintenance is appropriate.
Here you might be wondering, “Am I eligible to receive spousal support in my Michigan divorce?” The answer to this question is more complex than it might seem. We will walk you through the ways in which you may be eligible to receive maintenance from your spouse as part of the divorce judgment.
Did You Enter Into a Premarital Agreement or Postnuptial Agreement?
If you entered into a premarital agreement or a postnuptial agreement with your spouse, and that agreement concerns information about spousal support, that may be sufficient for the court to determine whether spousal maintenance should be paid. For example, your agreement may stipulate that you will receive a specific amount of maintenance or support in the event of a divorce. Or, alternatively, the agreement might say that you waive your right to receive spousal support in the event of divorce.
If you are happy with the terms of the agreement and believe that they should be enforced, as long as the other party does not argue that the spousal support term is unenforceable, the court typically will abide by the terms of a premarital agreement or postnuptial agreement. However, if you waived your right to receive spousal support in the agreement and believe that it should not be enforced, you should speak with a Michigan divorce lawyer about contesting the agreement on one of the grounds available to show that it is unenforceable.
Determining Whether Spousal Support Should be Awarded When There is No Prior Agreement
If there is no prior agreement concerning spousal support between the parties, and the parties still can come to an agreement about spousal support as part of a divorce settlement. Your Michigan divorce attorney can negotiate with the other party to come up with a settlement concerning property, spousal support, and other matters pertaining to the divorce.
When a settlement is not possible, the court will need to determine whether spousal support is appropriate. The court will consider some of the following statutory factors:
- Length of the marriage;
- Past conduct of the parties;
- Ability for each of the parties to be employed;
- Property division as part of the divorce;
- Ages of the parties;
- Ability for the other spouse to pay support;
- Needs of the parties;
- Health of the parties;
- Standard of living established during the marriage;
- Each party’s contribution to the marriage;
- Fault in the divorce; and
- Cohabitation (and its impact on a party’s financial situation).
Seek Advice from a Michigan Divorce Attorney
If you need assistance seeking spousal support, a Michigan divorce lawyer can begin working on your case today. Contact the Law Offices of Michael A. Robbins to speak with an advocate at our firm.
Recent Posts
Archives
- September 2023
- August 2023
- July 2023
- June 2023
- May 2023
- April 2023
- March 2023
- February 2023
- January 2023
- December 2022
- November 2022
- October 2022
- September 2022
- August 2022
- July 2022
- June 2022
- May 2022
- April 2022
- March 2022
- February 2022
- January 2022
- December 2021
- November 2021
- October 2021
- September 2021
- August 2021
- July 2021
- June 2021
- May 2021
- April 2021
- March 2021
- February 2021
- January 2021
- December 2020
- November 2020
- October 2020
- September 2020
- August 2020
- July 2020
- June 2020
- May 2020
- April 2020
- March 2020
- January 2020
- December 2019
- November 2019
- October 2019
- September 2019
- August 2019
- July 2019
- June 2019
- May 2019
- April 2019
- March 2019
- February 2019
- January 2019
- December 2018
- November 2018
- October 2018
- September 2018
- August 2018
- July 2018
- June 2018
- May 2018
- April 2018
- March 2018
- February 2018
- January 2018
- December 2017
- November 2017
- October 2017
- September 2017
- August 2017
- July 2017
- June 2017
- May 2017
- April 2017
- March 2017
- February 2017
- January 2017
- December 2016
- November 2016
- October 2016
- September 2016
- August 2016
- July 2016
- May 2016
- April 2016
- March 2016
- February 2016
- December 2015
- November 2015
- September 2015
- August 2015
- July 2015
- June 2015
- May 2015
- March 2015
- February 2015
Categories
RSS Feed
Let us help you

Contact The Firm
3910 Telegraph Road
Suite 200
Bloomfield Hills, MI 48302
Phone: 248-646-7980
Fax: 248-646-7989