Alimony and Spousal Support

Alimony and Spousal Support

Spousal support, also referred to as alimony, is a sum of money sometimes paid by one spouse to another spouse for support and maintenance. Whether spousal support will be granted in a case is dependent on several factors. The factors the court considers in awarding spousal support in Michigan are as follows:

  • The past relations and conduct of the parties (fault)
  • The length of the marriage
  • The ability of the parties to work and their respective incomes
  • The source and amount of property awarded to the parties
  • The ability of the parties to pay spousal support
  • The present situation of the parties
  • The needs and health of the parties
  • The prior standard of living of the parties and whether either is responsible for the support of others
  • The age and educational level of the person claiming  spousal support
  • General principles of equity (fairness)

If spousal support is not granted, the court must reserve the question of spousal support or rule that neither party is entitled to support. If granted, spousal support may be increased, decreased, or canceled.

Regular or periodic spousal support is usually taxable to the recipient and deductible by the payer. The phrase “payment until death” must be part of the spousal support clause for it to be considered as taxable spousal support. This type of spousal support is not dischargeable in bankruptcy. Qualifying clauses such as “payable until remarriage” may be included.

Related Services: Family Law Practice; Child Support and Custody; Domestic Divorce Attorney; Prenuptial and Postnuptial Agreements

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