All of the parties engaged in a divorce go through an emotional process. Periods of intense stress, melancholy, anxiety, rage, or disorientation may strike a couple. The divorced couple must make crucial decisions on the division of marital assets while experiencing this emotional roller coaster. Each party must also consider how to divide potential future income fairly, such as retirement benefits.
One aspect the judge takes into account when determining whether alimony is necessary is each party’s potential future well-being. It’s crucial to remember that judges may take fault into account when establishing alimony payments, even though Michigan is a “no fault” divorce state. Contact a qualified family law attorney to discuss your case before filing for divorce or as soon as you receive divorce papers.
How does spousal support work?
Alimony, often known as spousal support, is a payment made by one spouse to the other as part of a divorce settlement. Many individuals think that only women receive spousal support. That is untrue. The purpose of alimony is to ensure that the property and assets are distributed equitably and that both spouses can sustain themselves financially.
There are various sorts of assistance, and each type can be altered or not. Support that is modifiable may be changed if the payer’s circumstances change. For instance, the court may reduce the alimony payment if the ex-spouse loses their employment or becomes permanently incapacitated. On the other side, the sum might be raised in the future.
Spousal support that is non-modifiable cannot be changed. In general, one should exercise prudence when dealing with non-modifiable alimony. Of course, your lawyer will let you know which is better.
Things That Affect Spousal Support
When establishing the need for and the amount of spousal support, Michigan judges take into account a number of variables. In comparison to determining child support payments, this technique is more difficult. Child support is quite simple because it is calculated using a mathematical formula based on a percentage of income. However, spousal support must take into account a number of circumstances, such as:
- Length of the union Alimony is rarely paid in cases of one-year marriages. However, a long-term union is more likely to be the beneficiary of spousal support.
- The parties’ age
- Assets at stake
- The previous level of living
- The parties’ capacity to make alimony payments
- Each party’s wellbeing
- The concerned property
- Equity
Alimony Types
Alimony can be paid in four ways in Michigan: in a lump sum, on a regular basis, permanently, or both. A judge may occasionally impose a mix of the four types. For instance, the judge can mandate that the housing payment be made for a year and the alimony payment be made continuously. Support is frequently determined as follows when one spouse has more resources or income than the other spouse:
Temporary: As the name suggests, this kind of help is only provided for a limited period of time. For instance, a judge can mandate that the spouse with the higher income cover all expenses up until the divorce is final. The temporary order can thereafter end. A new marital order might or might not go into force at that point.
Periodic: This type of arrangement enables one spouse to pursue education or training. One party may be made to pay for the other’s schooling by the judge. If one individual has been out of the workforce and has been caring for the children at home, this form of support is frequently used. This continues until the non-working spouse finds a job that pays well.
A judge will appoint permanent spousal support if there is no prenuptial agreement and one spouse needs financial support. This category frequently includes older couples and long-term marriages.
Lump-Sum Payment: This is an unusual occurrence. However, after divorcing, some spouses want to divide everything equally. In essence, the two parties split all assets fairly, including retirement accounts, property, cash, and other financial assets.
Attorney for Family Law and Spousal Support
Hiring a skilled family law attorney is still essential since spousal support calculations are so complicated. Your lawyer will defend your rights and make sure all paperwork is submitted on time. Divorce is a difficult emotional process. Even people with a lot of common sense occasionally make blunders while attempting to navigate the legal system alone. In actuality, avoid “sharing” an attorney with your upcoming ex-spouse. In conclusion, speak with a skilled divorce lawyer who specializes in family law.
