When a married couple files for a divorce, there are usually many complicating factors that need to be addressed. Alimony is usually one of these issues. The state allows spouses to request alimony but only if the divorce court deems it necessary. If the spouse has the financial need and the other spouse can afford payments, the court could order spousal support. Depending on the side that you’re on, it is your attorney’s goal to either limit the level of this ongoing support or increase it as much as possible.
If you are seeking a divorce and believe that you’re entitled to spousal support, you would benefit from working with an alimony lawyer in Farmington Hills, MI. An aggressive attorney will fight for you to get a fair agreement, whether you’re the alimony payer or the recipient. They will also prevent you from settling for less than you deserve. Here at Ash & Ash Legal Group, we want to discuss your case with you. Contact us today to schedule an initial consultation.
What Are the Types of Spousal Support?
In Michigan, there are four types of spousal support (alimony). The court will decide which support is best for you.
Temporary Support
You can only get this type of support while your divorce is pending. With temporary support, you receive payments over a set period of time. This type of spousal support is designed for individuals who are unable to support themselves during the actual divorce process. It is important to note that there is not a guarantee that the court will grant you temporary support, so it is on your attorney to display the true need for it in your unique case.
Although this type of support ends when the divorce is finalized, it may not be the end of spousal support. A judge may put in an order for a different type of support in the divorce decree.
Periodic Support
In Michigan, this is the most common form of alimony. It may be short-term or long-term. Generally, periodic support is for one spouse who has the potential to support themselves but is not yet able to do so.
This frequently occurs when one partner has given up their career to run the household. Because of this, the long out of work spouse may need time to get the job skills or even a degree to get back into the workforce, so with that, the spouse may need a steady financial stream until they achieve financial independence.
Permanent Support
Although permanent support is rare, it is awarded in some cases. Usually, it is only ordered by the court when the couple was married for a lengthy period of time and one spouse cannot work because of their health, age, or disability status.
Lump-Sum Support
Much like permanent support, lump-sum support is rare also. It’s reserved for cases involving a spouse who can actually afford a lump sum payment of alimony. Typically, the payment is in the form of property, not money, and ultimately eliminates the need for regular payments.
Who is Eligible for Spousal Support?
Either spouse can ask for alimony, but it needs to be requested in the divorce paperwork.
You do not need to be married for a set period of time to receive alimony. Although the court is more likely to approve a request if the marriage was long-term, they may approve it for short marriages.
When considering whether or not a spouse is eligible for alimony, the court looks at the circumstances of the case. There is no set formula for the calculation. Instead, a judge considers all of the following:
- Ability to work
- Age and health of each spouse
- Past behavior and relations
- Financial assets of each spouse
- Previous living standards
- Property division during the divorce process
- How each party contributed to the estate
- Whether or not one spouse was at-fault for the divorce
- Needs of each party
In some cases, the court may use the child support formula to determine a base point for spousal support. But the judge will look carefully at the situation and only use that number as a baseline. They will think about the needs of the spouse and come up with a number that allows each party to maintain a certain standard of living.
Modifying the Support
Once you have an order for spousal support, you may be able to change it or terminate it. But this usually requires the expertise of a Farmington Hills, MI Alimony Attorney.
Traditionally, the obligation to pay alimony only stops when someone dies or when the recipient remarries. But the court makes exceptions. If you have a change in circumstances, you can petition the court for a modification.
Your change in circumstances may include fraud, a change in need, or an inability to pay. To find out more about what it takes to modify your agreement, you should contact an attorney who has extensive experience with family law.
Working with an Alimony Lawyer in Farmington Hills, MI
There were 34,377
households in Farmington Hills. Although some of those households lived in harmony, others were filled with conflict. Every year, thousands of divorces take place in this city and surrounding areas. Many of those divorces involved alimony.
If you’re going through a divorce or need a modification of your alimony agreement, you should contact a local family lawyer. Ash & Ash Legal Group is waiting to take on your case. Whether you’re seeking alimony or are fighting a request, we can help.