Spousal Support Lawyer In Livonia, Michigan
Spousal support, also known as spousal maintenance or alimony in other states, is court-ordered financial assistance provided by a higher-earning spouse during and after a divorce. Spousal support may be appropriate for stay-at-home parents, those with medical challenges and spouses who sacrificed a career for their family.
With over 30 years of family law practice in Livonia and Wayne County, I, Jeanne M. Frazee, have handled many spousal support cases at the Law Offices of Jeanne M. Frazee. Whether you need support or worry about paying, I can help you navigate Michigan family courts.
How Does Michigan Treat Spousal Support?
Michigan law requires full financial disclosures in litigated or disputed spousal support cases, although spouses can also set their own terms through an agreement. The state does not have a specific spousal support formula.
Spousal support often persists for a third of the length of the marriage. The courts look at income and earning potential. Other factors that influence support decisions include:
- The spouse’s financial needs
- The property division settlement
- The age, physical health and mental health of both spouses
- Whether either spouse supports others beyond themselves and their children
- Marital misconduct, if either spouse caused the divorce or impacted marital finances
The amount of spousal support awarded is often between 30% and 40% of the difference between the income of the higher-earning spouse and the spouse requesting support.
The Types Of Michigan Spousal Support
There are four types of spousal support ordered in Michigan, including:
- Temporary support: An order only in effect during the divorce
- Periodic support: Regular payments for a specific amount of time
- Permanent support: Ongoing regular payments, usually after the end of a long-term marriage
- Lump-sum support: A single payment intended to balance unequal financial circumstances
Each marriage leads to unique spousal support terms.
Are Spousal Support Orders Adjustable?
Either spouse can petition the courts to modify the existing spousal support order after a substantial change in circumstances. Good fortune for the recipient spouse or hardship for the paying spouse could warrant the modification of a spousal support order. Spouses can also return to court to enforce a support order or request a review if they discover hidden income.
Frequently Asked Questions About Michigan Spousal Support
Many people facing divorce feel uncertain about how spousal support works in Michigan. The answers to common questions can guide you through the nuances of state law.
Are stay-at-home parents eligible for spousal support in Michigan?
Yes. A stay-at-home parent may receive support if the court determines financial assistance is necessary and fair. Michigan judges evaluate cases individually and consider the economic realities created during the marriage.
Courts review several factors when deciding support, including the parties’ incomes, earning capacities, ages, health conditions and the division of parenting responsibilities. Judges also consider whether one spouse supported the other’s career or education. This careful analysis helps the court determine an amount and duration that promotes fairness without creating long-term financial hardship for either party.
How long must a marriage last to qualify a spouse for support in Livonia?
Michigan law does not require a minimum number of years married to qualify for spousal support. The common belief that a spouse must be married for 10 years is a myth. Courts instead focus on the specific circumstances of each marriage.
Judges evaluate the length of the marriage because it influences how long one spouse may need support. Longer marriages often involve greater financial interdependence, which can justify longer support periods.
Shorter marriages may still result in support if one spouse needs temporary assistance to become self-sufficient. The court’s goal is to reach an outcome that reflects the financial realities created during the relationship.
Does cheating or spousal misconduct affect how much alimony I receive or pay?
Michigan is a no-fault divorce state, but marital misconduct can still influence spousal support decisions. Judges may consider infidelity when evaluating fairness and the overall financial impact of the parties’ actions.
Courts do not award support to punish a spouse for cheating. Instead, they examine whether the misconduct affected the couple’s finances or contributed to the breakdown of the marriage. This factor is one of many that guide the court’s decision. The outcome reflects a comprehensive review of the parties’ circumstances.
If a receiving spouse cohabits with a partner or remarries, what happens to spousal support?
Spousal support usually ends when the receiving spouse remarries, as Michigan courts view remarriage as a significant change that eliminates the need for support. Cohabitation with a new partner may also justify modifying or terminating support. Judges typically evaluate whether the new living arrangement reduces the recipient’s financial need.
Those who pay support often seek post‑judgment relief when these changes occur. Courts review the evidence carefully to determine whether the support order should be adjusted to reflect the new circumstances.
Get Experienced Spousal Support Representation
Whether you worry about your ability to convince the courts that spousal support is necessary or need assistance responding to a support petition, the Law Offices of Jeanne M. Frazee in Livonia can guide you through the legal process.
If you face divorce in Wayne County or if you need to modify an existing order, you can rely on my decades of experience to guide you through this important financial issue. Schedule your initial consultation today by clicking here or calling 734-234-1868.