A Michigan Court may award spousal support if it is just and reasonable in a case where the property award is insufficient to properly support a party and the children in the custody of that less monied party. The Court must consider “the ability of either party to pay and the character and situation of the parties, and all the other circumstances of the case.” MCL 552.23(1). The Court considers analyzes the facts of the case using the factors listed below:
- Past relations and conduct of the parties.
- Length of the marriage.
- Ability of the parties to work.
- Source of and amount of property 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.
- Prior standard of living of the parties.
- Whether either party is responsible for the support of others.
- Contributions to the joint estate by the parties.
- A party’s fault in causing the divorce.
- How cohabitation affects a party’s financial status.
- General principles of equity.
The Court may award temporary rehabilitative support to allow the less monied spouse to get back on their feet financially or permenant support where for example the marriage was long term and the spouse is disabled and unable to support themselves. Factors relevant to the amount of support are the following:
- duration of the marriage
- the parties’ contribution to the joint estate
- the parties’ ages
- the parties’ health
- the parties’ stations in life
- the parties’ necessities and circumstances
- the parties’ earning abilities
If you are seeking spousal support, want to oppose such a request or seek to modify a spousal support award, please contact Diana Mohyi Attorney at Law to provide you with counsel on the matter.