Spousal Support/Alimony

Spousal support may be awarded for as a result of longer term marriages and is based on a determination of equity by the Judge.   In other words, the Judge will do what he or she believes is fair.  The Court will traditionally use the below 11 factors to determine whether spousal support should be awarded to one party or the other.  Those factors are:

(1)    The parties past relations and conduct;
(2)    The length of the marriage;
(3)    The parties ability to work;
(4)    The source and amount of property awarded to the parties;
(5)    The parties’ ages;
(6)    The ability to pay spousal support;
(7)    The parties’ present situation;
(8)    The parties’ needs;
(9)    The parties’ health;
(10)    The prior standard of living of the parties and whether the parties support others; and
(11)    General principles of equity.

Unlike child support, there are no statutory mandated formulas to determine the amount of spousal support owed.  Just like child support, spousal support may be modifiable due to a change of circumstances unless the parties agree that the support is not modifiable.  A party may revisit spousal support post judgment if the other spouse fails to pay debts that subject the other party to creditors.


 

Your Rights to Social Security After Divorce


 

Blog

Jun
13

CHILD SUPPORT: HOW DO MEDICAL EXPENSES FACTOR?

posted on June 13, 2018

Torree J. Breen, Divorce & Family Law

              What is the “ordinary medical expense” calculated into Child Support...

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Jun
11

YOUR GRANDCHILDREN: DRUG ADDICTION AND CUSTODY

posted on June 11, 2018

Torree J. Breen, Divorce & Family Law

                    Do you have a child addicted to drugs and you want...

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May
31

WHY WILL THE FRIEND OF THE COURT CHANGE CHILD SUPPORT IN MICHIGAN?

posted on May 31, 2018

Torree J. Breen, Divorce & Family Law

If there is an order issued in Michigan regarding the child support, the Friend of the Court can review the calculation of child support under certain...

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Jan
09

A Checklist When Considering Divorce

posted on January 09, 2018

Torree J. Breen, Divorce & Family Law

Are you contemplating divorce? Before you file, you should gather information to determine whether you can live on your own, independent of your spous...

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Jan
03

Legal Vs. Physical Custody: What Does It Really Mean?

posted on January 03, 2018

Torree J. Breen, Divorce & Family Law

Have you filed an action in court to determine the custody of your child?  In doing so, the court will issue orders determining both the physical...

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Dec
20

Five Things You Should Discuss with Your Fiancée Before the Wedding

posted on December 20, 2017

Torree J. Breen, Divorce & Family Law

  After many years of practicing family law and sitting through hundreds of hours of consultations with potential divorce clients, there are a...

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Aug
23

YOUR NEW MARRIAGE: ARE YOU CREATING A BLENDED FAMILY?

posted on August 23, 2017

Torree J. Breen, Divorce & Family Law

The majority of families have shifted from the traditional nuclear family of father, mother and child to a nation in which the majority of families ar...

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Jul
22

Internet Romance or New Job Out-of-State: How Does It Impact the Custody of Your Children?

posted on July 22, 2017

Torree J. Breen, Divorce & Family Law

  Have you found a new job outside of Michigan or have been lucky to find new love across state lines?  The internet has expanded our emp...

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Jul
15

Long Term Marriage and Finances: Separating Myth from Fact

posted on July 15, 2017

Torree J. Breen, Divorce & Family Law

   As a family law attorney, too often I receive phone calls from panicked “stay at home” parents. What is the reason for the...

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Jul
08

A Quick Internet Divorce: Not As Simple As You Think

posted on July 08, 2017

Torree J. Breen, Divorce & Family Law

Thinking about a divorce?  Do you spend time on the internet or social media?  You may have looked online and discovered there are thousands...

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