Divorce Alimony in Michigan

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A marital bond starts breaking over when the couple faces innumerable and extreme disputes with no solution. Such situation results in a disintegration of the family. Along with this separation, division of assets and belongings is also inevitable. However, the responsibility of the spouses to provide for each other's requirements does not end here. After the dissolution of marriage such duty is converted into spousal maintenance, popularly known as spousal support.

It is known fact that family laws in every state differ according to the state requirements and priorities. Similarly, the rules and regulations for issuing spousal support orders vary from state to state. The divorce alimony in Michigan follows the federal guidelines and specific legal statues.

Spousal support in this state is paid as a lump sum amount or as periodic payments. The periodic payments might be permanent (till the death, remarriage or next order by court) or rehabilitative (for a brief period during which the recipient is expected to become self reliant).

Factors considered by court for divorce alimony in Michigan

  • The court attempts to make a fair decision and ascertains that none of the spouses are impoverished. It considers the incomes of the spouses, the amount that the payer could reasonably afford to pay and the amount required by the recipient.
  • Both spouses should be able to continue their standard of living that existed during marital life.
  • The health of both parties should be considered as it decides the personal requirements and the ability to work.
  • The current and future requirements of the spouse requesting support.
  • The current capacity of the payer to disburse money.
  • It is determined whether one spouse is willfully decreasing income to avoid payment of spousal support. Professional evaluation is carried out to decide the ability to earn of the payer. The objective of this study is to safeguard the recipient spouse from poverty due to neglect of responsibility of the payer.
  • The ages of both partners are crucial to decide the capacity of both parties to support self.
  • The earning potential from the assets of both spouses is recognized. This is particularly vital when both spouses have considerable assets and a large difference in their respective incomes. Care is taken that a partner is not coerced by the circumstances to dissipate the property award.
  • Let us assume that a temporary spousal assistance has been awarded. However, there is grave doubt whether the recipient would be able to manage their needs after the expiry of the period of payment. In such a case, the award of permanent maintenance is granted.
  • In case of long term marriages, it is frequently observed that one of the spouses has a lack of career or skills. As a consequence of the breaking of such marriage, this spouse would possibly have a lower standard of living.
  • The demeanor or fault of the spouses in marital life is considered. Any past record of substance abuse or infidelity is probed. These facts have a definite impact on the decision of spousal support.

Modification or Alteration in the Alimony

If the court order states that the spousal maintenance is modifiable, the spouse seeking such change can apply in the court for the same. Such alteration is made if following conditions are fulfilled:

  • There should be proper and reliable evidence that the previous circumstances have changed. A partner must be able to convince the court about such change by submitting essential proofs.
  • A partner requesting modification should prove that such alteration is for the betterment of his situation.

Termination of Divorce Michigan Alimony

  • If there is a change in circumstances and this has resulted in decrease of income, it may result in a decrement in spousal support. For example, when the payer retires from service.
  • Any incidence of mutual error, duress or fraud.
  • If the recipient spouse cohabits, the maintenance may cease except when mentioned otherwise in the judgment.
  • If the recipient remarries, the payments are stopped, unless the contrary is stated in the judgment.
  • If the recipient spouse passes away.

The divorce alimony in Michigan is awarded to bridge the gap of the economical situations of both spouses. The court aims at providing justice through such orders. For detailed analysis of the state laws regarding this issue, the partners can approach a local attorney, who is well-versed with these provisions. Also, the mediators and counselors working in the field of marital dissolution can be of great help.

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