One of the common problems that spouses reach is the amount of spousal support that the non-working spouse would receive. There are a lot of questions surrounding spousal support.
In this article, let us rehash your knowledge about spousal support in Michigan.
Is there a specific formula for the amount of spousal support?
No, there is no specific formula for the amount of spousal support. Individual couples can determine the spousal support depending on their formula and their own needs. As much as possible, the spouses need to work out a structure that they can work on.
Is spousal support always awarded?
First, it is important to note that spousal support is not always awarded. It is also not permanent. The judge would consider many different factors such as the following:
- The length of the marriage is one of the primary considerations. When the marriage lasts for a long time, spousal support is more likely to be awarded by the judge. Spousal support is more likely in a long marriage where the parties have created a life together.
- The conduct of the spouses during the marriage is also a factor. This is where the fault may be found on either party. For example, even with the no-fault clause in Michigan, the party who is guilty of cheating or causing marital breakdown may get a negative assessment during the determination of marital support.
- The ability to work is also a consideration. If one of the parties has long depended on the other for their livelihood, and they get divorced, there is a big blow on the other spouse’s financial status. With this, the judge determines if the parties can work and can work.
- The contributions to the marital estate is also a consideration.
- One of the more important considerations is fairness. Fairness is a consideration based on the determination of the judge. The judge will determine many factors to see if it is fair for one spouse to give spousal support to the other.
What is the spousal support that is only granted temporarily?
Most of the spousal support grants given by judges are just granted temporarily. It is not a permanent benefit given by a court. A judge has the discretion to authorize payments for a specific period.
When does the spousal support become final?
The spousal support becomes final when there is a final order from a judge. Michigan courts recognize that the parties may also create their spousal support agreements. This is similar to what you will see in a prenuptial agreement.
Whenever spousal support is awarded, there is a Uniform Spousal Support Order (USSO) that is awarded. It states the terms of the spousal support award as well as how much will be paid, for how long the payment will be, and how the payments are made.
Is there such a thing as lump sum spousal support?
Yes, there is such a thing as lump sum spousal support. A lump sum spousal support is where the other spouse will pay alimony in one payment or just a couple of payments.
What if I do not agree with the alimony award?
If you do not agree with the alimony award and you want to ask the court to modify it, you will have the burden of proving that there is a basis for modification. The court can increase or reduce the obligation of the spousal support at the time of filing.
What terminates my right to spousal support?
If you have been granted spousal support, it may be terminated by one act – when you remarry. The party who receives spousal support who gets remarried is no longer entitled to spousal support.
Is spousal support taxable in Michigan?
It depends on the date even the divorce was entered. Divorces entered before January 1, 2019, are considered as taxable income for the person who is receiving the support. For divorces entered on or after January 1, 2019, it is not considered as taxable income.
What if the other spouse does not want to receive spousal support?
If you do not want to receive spousal support, there is no way that you will need to determine its amount or talk to your soon to be ex-spouse about it. But, please make sure that you consult a lawyer first as to why you do not want to receive spousal support. You need to protect your rights.
Let Haque Legal Help You With Your Spousal Support
Now that you know some facts about spousal support, it is time to get down to it. If you require a lawyer who can assist you with ensuring that you get spousal support in Michigan, it is important to know that you also have a team that can help you out with your specific needs. Our law firm is dedicated to making sure that those who are innocent will be protected by the law and the full extent of justice will be used.
The article that you have read is based on general applications of the law. It is not legal advice and it is not to be construed as any legal consultation with the firm. No client-attorney relationship is created when you read the articles we have provided.
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