Spousal Support Lawyer Bloomfield Hills Michigan
The purpose of spousal support is to balance the incomes and needs of the parties in a way that will not impoverish either party. In Michigan, spousal support may be awarded if the property award is insufficient for the suitable support and maintenance of either party and any children of the marriage to whom the party has custody. It is more common following a long-term marriage or where there is a large disparity of income between the parties. Spousal support is usually awarded in the form of periodic payments, which unlike child support, is taxable income to the recipient and tax deductible to the payor. In some cases, a temporary spousal support award may be granted to help ease the dependent spouse’s transition into a self-supporting role.
There are guidelines that the court will usually entertain when deciding whether to award spousal support, as well as the amount, however these guidelines are not binding on the court. They include:
- Past relations and conduct of the parties
- Length of the marriage
- Ability of the parties to work
- Source of and amount of property to be awarded to the parties
- Ages of the parties
- Ability of the parties to pay spousal support
- Present situation of the parties
- Needs of the parties
- Health of the parties
Parties can agree to either modifiable or non-modifiable spousal support; however if spousal support cannot be resolved between the parties and the issue goes to trial, the court can only order modifiable spousal support. This is a significant distinction – one you need to know if you are facing a spousal support issue
To learn more about spousal support, please contact me.