Divorce raises a lot of questions, but few feel as urgent as this one: how will I support myself financially once it’s over? For many people, spousal support is a critical part of that answer.
At the Law Offices of Michael A. Robbins, we’ve been helping Michigan residents seek and negotiate spousal support since 1982. One of the first things we tell clients is that Michigan does not use a fixed formula for calculating alimony. Instead, courts weigh a set of specific factors to reach a fair outcome. The most significant of these include:
- The established lifestyle during the marriage
- Each party’s income and earning capacity
- The length of the marriage
Here’s a closer look at how each of these factors plays out in practice.
Will I Be Able to Maintain the Same Lifestyle After Divorce?
The short answer: courts try to make that possible, at least to a reasonable degree. One of the central purposes of spousal support is to prevent one spouse from experiencing a dramatic financial decline while the other continues living comfortably.
Judges look at the standard of living both spouses enjoyed during the marriage, then compare it to what each person’s life would look like post-divorce without any support. When that gap is significant, some amount of support is often warranted.
How Do My Finances Affect Spousal Support?
After reviewing your lifestyle, courts often take a closer look at your financial situation to determine a reasonable amount of support for your circumstances. Some of the things they look at are:
- Current earnings and earning potential: A spouse who left the workforce to raise children may have a lower earning capacity, which weighs in favor of support.
- Ability to pay: The court considers whether the paying spouse can actually afford to provide support without undue hardship.
- Age and health: Older spouses or those with health conditions may have limited ability to increase their income, which courts factor into both the amount and duration of support.
- Property awarded in the divorce: Significant assets awarded to one spouse can affect whether ongoing support is necessary. If a spouse receives substantial property or assets, the court may reduce or eliminate support payments.
Taken together, these factors help the court figure out what it will take for both people to move forward with stability.
How Does the Length of My Marriage Impact Spousal Support?
The duration of your marriage greatly influences both the amount and the type of support awarded. In general:
- Short-term marriages result in rehabilitative support, which is time-limited and designed to help a spouse regain financial independence through education or retraining.
- Mid-length marriages may produce a blend of rehabilitative and longer-term support, depending on the circumstances.
- Long-term marriages are more likely to result in permanent support, particularly when one spouse sacrificed career advancement to manage the household or raise children.
The longer the marriage, the more weight courts give to those sacrifices, and the more likely they are to award sustained financial support.
Can Spousal Support Be Changed After the Divorce?
Yes, but it’s not easy. To modify a spousal support order in Michigan, you must demonstrate a “substantial and unforeseen change in circumstances.”
Qualifying changes might include:
- Involuntary job loss or a serious medical condition
- The recipient spouse remarrying or cohabitating with a new partner
- A significant, documented shift in either party’s financial situation
Minor income fluctuations or voluntary career changes typically won’t meet this standard. Because a modification is so difficult to obtain, the initial support order carries enormous weight. Getting it right from the start matters.
How Can an Attorney Help With My Spousal Support Case?
Spousal support disputes are rarely straightforward. An experienced family law attorney brings several advantages to your case:
- Knowledge of legal standards: Experienced attorneys understand how spousal support factors are applied and how courts evaluate competing arguments.
- Negotiation: Many spousal support cases are settled before trial. A seasoned negotiator protects your interests during discussions.
- Courtroom advocacy: If your case goes to court, a knowledgeable attorney will present your case clearly and persuasively.
Working with a knowledgeable attorney means every aspect of your case is handled with precision, from initial filing to final resolution.
Get the Support You Need
Spousal support in Michigan comes down to income, lifestyle, and the length of the marriage, but the details matter just as much as the big picture. Courts have broad discretion, and small differences in how your case is presented can lead to very different outcomes.
Contact the Law Offices of Michael A. Robbins today for a confidential consultation. With over 40 years of exclusive family law experience, Mr. Robbins will assess your situation and work to reach a fair resolution on your behalf.