Michigan Spousal Support
Spousal support is a concept that causes a great deal of anguish for many people looking to get divorced, whether the individual is seeking spousal support or the individual does not want to pay spousal support.
What is Spousal Support?
To briefly explain the reason for spousal support, the family court is one of equity, which means “fairness.” The court seeks to place both parties in as equal of a position as they enjoyed during the marriage. Sometimes that may require some payment of spousal support, which can be either temporary or permanent.
Spousal Support Factors in Michigan
There are a number of factors that a court considers in awarding spousal support, which include:
1. The past relations and conduct of the parties (fault);
2. The length of the marriage;
3. The ability of the parties to work and their income;
4. The source and amount of property awarded to the parties;
5. The ability of the parties to pay spousal support;
6. The present situation of the parties;
7. The needs of the parties;
8. The health of the parties;
9. The prior standard of living of the parties and whether either is responsible for the support of others; and
10. The age and educational level of the person claiming spousal support.
The amount of spousal support a person will have to pay is dependant on the aforementioned factors. Also, whether a person will have to pay temporary or permanent spousal support is dependant on those same factors. Every case is different. It is best to consult with an experienced attorney to learn whether your particular situation might warrant spousal support.
At the conclusion of the case, the Judgment of Divorce must award spousal support, expressly reserve the question of spousal, or state that neither party is entitled to spousal support. Spousal support may be modified after the Judgment of Divorce is entered if there is a change of circumstances that warrant the change, so long as the Judgment does not indicate that spousal is non-modifiable.
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