Unlike child support, which in Michigan is calculated according to a formula, spousal support is determined on a case-by-case basis as part of an overall division of property and debt. It is possible for a divorcing couple to work out a property settlement themselves, including whether one spouse will provide the other with support and how much that support will be. When a divorcing couple cannot agree, the Court will decide. Either party in the divorce may be ordered to pay spousal support.
In determining whether spousal support is warranted, and how much, the Court considers a variety of factors, including:
- How each party behaved during the marriage, that is, how you treated one another and who might have been at fault for the collapse of the marriage
- How long you and your spouse were married
- Whether you and your spouse can work
- How much property you and your spouse are receiving in the divorce and whether that property is liquid (cash, or property that can readily converted to cash)
- Your age and that of your spouse
- Your health and that of your spouse
- Whether one of you can afford to pay spousal support
- What each of you need now and in the future based upon your health, age and ability to work
- Your standard of living and whether you and/or your spouse are responsible for supporting other people
- Fairness, that is, what the Court deems “fair” in your particular case
Calculating spousal support and the related tax issues, as well as how long the support should be provided, are difficult and complicated issues. At Matecun, Thomas & Olson, PLC, we will use our understanding of the law and extensive experience to ensure you receive the spousal support you need, or don’t pay too much if you are the person responsible for paying support. We can also work with you to modify your spousal support if your financial situation, or that of your ex-spouse, changes dramatically. Contact our Livingston and Macomb County spousal support lawyers today to discuss your situation.