Traverse City Alimony/Spousal Support Lawyers
Spousal support, or “alimony,” is a highly complex issue, which will significantly impact your rights during and after a divorce. Spousal support (“alimony”) may be granted to either spouse in connection with a proceeding of marital dissolution or legal separation. A divorce court may grant temporary support during a divorce proceeding, and permanent support (or support for a defined number of months or years) after a divorce is finalized.
Unlike child support, there is no formula for calculating spousal support. Michigan law requires a court, in a divorce or separate maintenance case, to review the following factors when making a spousal support determination:
The length of the marriage;
- Each spouse’s age and health;
- The needs of each spouse;
- Each spouse’s ability to work;
- Each spouse’s ability to pay support for the other;
- Each spouse’s property and assets (including property awarded as part of the divorce);
- The couple’s standard of living while married;
- Whether either spouse was at fault in the breakdown of marriage; and
- General principles of fairness and equity.
There are multiple type of alimony: modifiable; non-modifiable; rehabilitative; temporary and permanent; and “alimony in gross.” If a court issues an award of alimony, in almost all circumstances, that award is modifiable, upon a showing of changed circumstances. The changes that might justify a modification include a dramatic change in need (a car accident, disease that renders one unable to work, etc.), and a change in the payor’s ability to pay (loss of job or ability to work).
The spouses can come to an agreement for non-modifiable support. There are risks, for both spouses, of doing that, but it also provides certainty, for both the paying and the receiving, spouse. The amount is then set, and the duration can be predetermined. By agreement, the parties may determine whether it terminates upon the death of the paying spouse, and whether it should be supported by a life insurance policy.
In 2018, if it meets the IRS requirements, spousal support may be tax deductible to the payor, and constitute income to the recipient. For agreements signed and support orders entered after December 31, 2018, spousal support will probably not be tax deductible.
The attorneys at Rosi & Gardner, P.C. regularly handle the issue of alimony, both in mediation and litigation. We can help you obtain an order for alimony or defend against a claim.
The quality of legal representation that you receive will have significant impact on the outcome of your case. To ensure that your alimony payment is fair, and your financial interests are fully protected, choose a highly experienced Traverse City alimony lawyers such as Rosi & Gardner, P.C.
Call Rosi & Gardner, P.C. today at 231.941.5375 or contact us via email.