Empowerment begins with education. Wilson Kester is here to help you understand the complexities of support, and provide you with proper guidance.
What Is Spousal Support?
The basic goal for an award of spousal support is to ensure that a spouse will become financially independent after divorce. Spousal support, also called “alimony,” can be awarded in divorce (or separate maintenance cases) where the Court finds that a party needs support for their “suitable maintenance.” MCL 552.13. The legislature, however, has not provided guidance on what is meant by “suitable maintenance, and unlike child support, there is no objective formula that courts have endorsed to calculate spousal support.
Child support, unlike spousal support, is calculated utilizing the objective formula of the Michigan Support Guidelines. There is no prohibition against a party receiving both child support and spousal support if the circumstances warrant both.
Why is Figuring Out Spousal Support So Difficult to Answer?
After the Court has determined how the assets and debts of the parties will be divided, the main objective is to balance the incomes and needs of the parties in a way that will not impoverish either party, based on what is just and reasonable under the circumstances of the case. Zecchin v Zecchin, 149 Mich App 723 (1986).
What makes spousal support cases so difficult is that there is no statutory guidance on how the amount, duration or needs are determined, no objective formula to apply and the decision whether to award spousal support is within the sole discretion of the court, after considering a long list of factors that vary wildly in their impact given the individuality of each marital situation, and the different weight that should be given to each under those unique circumstances.
Important Questions to Ask in Your Situation When Worried About Spousal Support:
Regardless of the couple, three important questions should be considered when trying to figure alimony:
1. What is each party’s after-tax spendable dollar?
2. What are each party’s actual needs, considering both needs to survive and to maintain the lifestyle that was enjoyed during the marriage?
3. What amounts of spousal support, if any, would allow both parties to meet their needs in a way that would not impoverish either party?
We can collaborate with you to be prepared to answer these questions through an evaluation of your facts, identification of the evidence and how to present your case in the most favorable light for the most favorable outcome in your situation.
When Can a Party Be Awarded Spousal Support?
After a divorce is filed, it may be appropriate to file a motion for temporary spousal support to ensure that their daily living necessities are met while a divorce case is pending. Such awards will often seem unfair because the objective is not to balance lifestyles and instead focuses on ensuring that basic needs are being met while the case is pending. We regularly navigate obtaining much needed help while a case is pending and would welcome the opportunity to help you fashion your request for temporary spousal support to ensure your well-being while going through divorce. A common mistake occurs when a party presumes that the amount of temporary spousal support awarded is an indicator of the spousal support award to be ordered in the Judgment of Divorce. That is not often the case. The advice of an attorney is essential to evaluate your temporary spousal support claim as well as the likelihood of spousal support in the Judgment granting your divorce.
Changes to Spousal Support
A party receiving or ordered to pay spousal support may be able to request changes to the award due to certain life events. On the other hand, parties may often choose to negotiate away the court’s ability to change a spousal support award through non-modifiable spousal support. While there is some comfort that comes with certainty of the amount to be received and paid, it is essential that considerable thought be given to waiving the court’s ability to modify spousal support given that circumstances could later change that strongly dictate the need for a modification.
What Happens If Someone Stops Paying
The obligation to pay for spousal support is frequently outlined in a Uniform Spousal Support Order. Spousal Support awards are also contained within the Judgment of Divorce. Each of these Orders are enforceable. Uniform Spousal Support Order will be enforced by the Friend of the Court, commonly with less urgency than if you were to seek enforcement directly through the Court. Let’s talk about your options to enforce your award or how to respond to a Motion for Order to Show Cause if you have fallen behind in your support obligations.
Getting Help With Spousal Support
Empowerment begins with education. It is not too early to learn how alimony might impact your unique situation, the evidence you should gather and your ability and/or exposure with respect to the issue of spousal support. We are here to help you understand the complexities of support, provide you with proper guidance and we can begin that conversation through a free initial consultation. Let’s talk.
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Contact UsBecome part of the over 5,000 satisfied clients who have trusted us with their divorce and family law matters.
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