Skilled Spousal Support Attorneys in Plymouth, Michigan
At Steslicki & Ghannam PLC, our Plymouth alimony lawyers know that spousal support or maintenance is a legal obligation for one spouse to provide financial support to the other during and after a divorce or separation in Michigan.
Spousal support is typically paid by the spouse with a higher income or more significant financial resources to the spouse with a lower income or financial need. However, the specific terms and amounts of alimony can vary depending on the unique circumstances of your case.
It is important to note that not all spouses are entitled to alimony during a divorce in Michigan. Alimony is awarded on a case-by-case basis, and there is no formula for determining whether or not one spouse will pay or receive spousal support.
No matter which side of the financial support you are, the payor or recipient, we can help you understand how the court will determine your specific alimony requirement so you can plan your future accordingly.
Contact our skilled spousal support attorneys in Plymouth today to learn more.
How is Spousal Support Calculated in Michigan?
Spousal support may be awarded to help the financially dependent spouse maintain a standard of living similar to that enjoyed during the marriage, cover living expenses, and support their transition to financial independence.
In Michigan, spousal support is not calculated according to a specific formula like child support.
When determining spousal support, Michigan courts consider factors like:
- The Length of the Marriage
Courts typically consider the duration of the marriage, with longer marriages generally leading to a higher likelihood of spousal support being awarded.
- Each Spouse’s Financial Situation
The court assesses both parties’ financial needs and resources, including spouses’ incomes, earning capacities, and assets.
- The Standard of Living Established During the Marriage
Courts may consider the lifestyle enjoyed by the spouses during the marriage and, if feasible, strive to maintain a similar standard of living for both parties post-divorce.
- Each Spouse’s Contributions to the Marriage
This encompasses financial and non-financial contributions such as homemaking, child-rearing, and supporting the other spouse’s career or education.
- The Age and Health of Each Spouse
The court may consider each spouse’s age and health and any health-related expenses or limitations that may impact their ability to support themselves.
- Childcare Responsibilities
If one spouse has primary custody of minor children, the court may consider the cost of childcare and the impact of childcare responsibilities on that spouse’s ability to work and support themselves.
If you believe you are entitled to spousal support or oppose the possibility, it is essential to note that the courts can consider any other relevant factors to your divorce’s particular circumstances. Contact our experienced spousal support lawyers in Plymouth to learn more about how your unique circumstances will impact the decision to award or deny alimony in your case.
What are the Different Types of Spousal Support in Michigan?
Divorce can be a significant life transition that may require time for the financially dependent spouse to adjust and become self-supporting. Spousal support provides a financial cushion during this transition period, allowing recipients to rebuild their lives and become economically independent.
While there are no specific statutory categories of spousal support in Michigan law, spousal support arrangements can generally be classified into modifiable and non-modifiable.
Under Michigan law, a Judge can only order modifiable spousal support/alimony. If modifiable support is requested and there is a substantial change in circumstances for either spouse, the court can be petitioned to modify the spousal support order.
Conversely, non-modifiable spousal support can only be established by agreement between the spouses. It cannot be changed in amount or duration unless both parties consent to the modification. That means that even if the paying spouse were to lose his or her job, the spousal support order would remain in full force and effect.
It’s important to note that spousal support arrangements in Michigan are determined based on the specific circumstances of each case. Our attorneys diligently pursue all options before recommending a spousal support agreement to ensure that our client’s best interests are protected regardless of whether they are the support payor or payee.
Contact our trusted Plymouth alimony attorneys for guidance tailored to your unique situation.
Can Divorcing Spouses Determine Spousal Support Details Without Going to Court?
The short answer is yes. Spouses divorcing in Michigan can determine the amount and duration of alimony without the court’s intervention.
Spouses can negotiate the terms of spousal support directly with each other or with the assistance of their respective attorneys. Negotiation allows spouses to discuss their financial needs and capabilities, consider various options for spousal support arrangements, and reach a mutually acceptable agreement.
This is often common during a collaborative divorce, where each spouse retains their attorney and agrees to work together to resolve all issues related to the divorce, including spousal support, through negotiation and cooperation. Collaborative divorce allows spouses to maintain greater control over the outcome, often leading to more amicable and mutually beneficial agreements.
Alternative dispute resolution through mediation involves the assistance of a neutral third-party mediator who facilitates discussions between the spouses and assists them in reaching a spousal support agreement. It can be an effective way for spouses to address spousal support issues collaboratively and reach a resolution that meets both parties’ needs.
Once spouses have reached an agreement on spousal support, they can formalize the terms of the agreement in a written settlement agreement or separation agreement. The agreement can outline the amount, duration, and other details of spousal support, as well as any other relevant terms agreed upon by the parties.
By resolving spousal support details outside of court, divorcing spouses can often save time, money, and emotional stress compared to litigating the matter in court. However, partnering with a skilled alimony attorney is crucial to ensure that any spousal support agreement is fair, equitable, and legally enforceable. We can help.
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Contact Our Dedicated Plymouth Spousal Support Attorney Today
Contact our dedicated spousal support lawyers in Plymouth today to determine whether your divorce circumstances and financial stability rise to the level of an alimony award in Michigan. We will explain your legal rights and options so you can confidently move forward with your new life.
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