Spousal support, or alimony, is not especially common in Michigan divorce cases, and it is never guaranteed. Instead, spousal support is determined on a case-by-case basis, and there are some situations in which alimony is more likely to be ordered than in others. While sharing minor children can play a role in spousal support cases, it isn’t determinative, which means that not sharing minor children together doesn’t automatically mean that you aren’t entitled to support.
In other words, it’s complicated, which highlights the need for having the skilled legal guidance of our experienced Westland, MI, spousal support attorneys at The Smith Law Offices, P.C., backing you up.
When a Couple Shares Minor Children
When a couple shares minor children, there is the chance that one of the parents stayed home to care for them. This means sidelining their career and taking a serious hit in terms of earning power. Even when both parents work, it’s not uncommon for one spouse to earn less than they otherwise would in response to the demands of parenting. This can directly affect alimony.
For couples who don’t share children, the court focuses on each spouse’s current earning ability, the length of the marriage, and any career sacrifices one spouse made during the marriage, such as relocating for the other’s job or supporting the other through school.
Calculating Spousal Support
Child support in Westland is calculated according to careful state guidelines, but spousal support is not. Spousal support is based on the recipient’s need in relation to the paying spouse’s ability to provide financial assistance.
If you are entitled to alimony or if you are required to pay it, the amount will be determined by factors like the following:
- The longer the marriage, the more likely it is that spousal support will apply and that it will be longer in duration.
- How the marital assets are divided between the spouses in divorce helps determine financial need and financial solvency
- Each spouse’s earning power and their realistic ability to earn in the current market are key.
- The age and overall health of both spouses are additional concerns.
- The standard of living the couple enjoyed during the marriage is also considered.
- Each spouse’s post-divorce financial standing is taken into careful consideration.
- The paying spouse’s ability to cover the alimony expense must be assessed.
- Each spouse’s contributions to the marital estate, including in the form of homemaking when the couple has no children.
- Marital misconduct can play a role in the outcome of alimony cases.
- One spouse’s sacrifices in support of the other’s career can support alimony.
Michigan courts decide spousal support based on what’s just and reasonable under the circumstances. If your case goes to court, it will be heard by the Wayne County Circuit Court’s Family Division in Detroit.
Our Experienced Westland Spousal Support Lawyers Can Help
Our seasoned Westland spousal support attorneys at The Smith Law Offices use the full scope of our impressive experience and legal insight for every client we faithfully serve, and we’re here for you, too. Learn more by contacting us online or calling us at 734-729-4465 today.
