Spousal support can be vital to ensure a lower-earning spouse’s financial needs are met after divorce. While it is often a contentious issue when a couple parts ways, you may be wondering, “who qualifies for spousal support and how is it determined?” This is a key question, particularly in cases where a spouse gave up career opportunities to support the other’s career or raise the children. If spousal support is an issue in your divorce, it’s important to understand how spousal support is determined and the options that may be available to help you reach a resolution outside of court.
Also referred to as “alimony,” spousal support is monetary payment made by the higher-earning spouse to the financially dependent spouse after divorce. It is meant to maintain the status quo and help ensure the lower-earning spouse’s financial needs are met while they become financially independent.
There are several different types of support that may be available. These include temporary spousal support that is paid while divorce proceedings are ongoing and permanent support which is paid after the divorce has been finalized. Permanent support is usually ordered in long-term marriages or those in which a spouse would be unable to become self-supporting because of health issues or age. Payments may be ordered to be paid periodically at regular intervals or in one lump sum.
There are many misconceptions about who qualifies for spousal support in divorce. Critically, it is not based on gender or intended to be punishment for spousal misconduct. Spousal support can be granted in cases where a spouse has a financial need for it and the other spouse has the ability to pay. Either a husband or wife may be ordered to make payments.
Spousal support isn’t automatically ordered in divorce. It must be specifically requested by a spouse during the divorce action. However, there is no legal requirement that it be ordered even if a spouse makes a request. While there is no specific mathematical formula that determines the amount or duration in cases where support is granted, a judge would instead consider a number of factors to guide their decision when deciding how spousal support is determined in a particular case.
The factors a court would evaluate when determining whether spousal support should be granted include the following:
The court may also consider any other factors deemed relevant, including the tax impact on the paying spouse. A judge is not required to give the same weight to each factor. Ultimately, the objective is to reach a reasonable and just outcome, consistent with how spousal support is determined under Michigan law.
Spousal support does not need to be determined in court. In fact, spouses can negotiate their own agreements concerning support and remain in control of the outcome, rather than allow a judge to decide the issue. Mediation and the collaborative process are two cost-effective and efficient out-of-court methods that can be used to reach a settlement. These forms of alternative dispute resolution allow spouses to negotiate the issue of spousal support in a neutral, structured, cooperative, and confidential environment.
Rather than engage in an adversarial court battle, spouses can discuss their needs amicably, openly, and honestly in mediation or at the collaborative table. By working with a neutral third party to reach an agreement, spouses can often find creative and customized solutions that might not be available in the courtroom. Once a settlement is reached regarding spousal support (as well as any other issues in divorce), it can be drafted into a written agreement and submitted to the court. The judge will review the settlement to ensure it is fair and compliant with the law, and issue an order that is legally binding on both parties.
If you have questions about who qualifies for spousal support and how it is determined, it’s essential to consult with a knowledgeable divorce attorney who can best advise you regarding the facts of your case. Based in Howell, Michigan, Bergmans Law P.C. handles a broad scope of matrimonial matters throughout Livingston, Genesee, Ingham, and Washtenaw Counties and surrounding areas. Providing each client with the time and attention they deserve, Henry Bergmans is dedicated to helping them resolve their spousal support disputes amicably and respectfully. Please reach out to learn more about the firm’s divorce services through the online contact form or by calling 810-360-0090.
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