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Spousal support payments, also known as alimony, are different than child support payments. Traditionally, when men and women divorced, it was the man who was the breadwinner and the woman who stayed at home and raised the children and kept the house. While traditional households such as these still exist, they are far less common. Today, men can receive alimony from their exes, as well.
When filing for divorce, either party can petition the other for spousal support. The court takes into consideration a number of factors when determining if that spouse should be eligible. In this article, will discuss what those factors are and what you should discuss with your divorce attorney when petitioning the court for spousal support.
In Michigan, one of the first determinations the court will make is what constitutes “marital property” or the marriage’s estate. The estate is composed of any and all property that was accumulated during the marriage—by either party. It does not matter which spouse “earned” the property. Only property that was acquired before the marriage or property acquired in an inheritance is considered the personal property of one or the other spouse.
The state of Michigan does not divide marital assets 50/50. Instead, they find an equitable way to divide the assets so that if one spouse does not have a lot of earning power, then he or she is not hung out to dry. If after, having divided the estate equitably, one spouse does not have enough money or vocational capital to support him or herself, spousal support may be awarded. It can also be awarded in tandem with child support. If one can not work full time for health-related reasons, then the state of Michigan will likely find some way to award that person spousal support.
Michigan takes a number of factors into consideration when determining spousal support. These include:
Because there are so many factors at play—far more than are mentioned above—it is difficult to make any kind of prediction as to what a spousal support payment would look like without much more information. Your attorney’s job is to advocate for your interests. That could mean explaining why you deserve spousal support or explaining why a petition for spousal support from your former spouse is inappropriate.
Iafrate & Salassa can help you gain spousal support in your divorce. We can also help advocate against your spouse receiving spousal support. As experienced family law attorneys, we have represented the interests of hundreds of different people who were all looking to protect different interests. Our years of experience in this regard can aid you in whatever you hope to achieve during your divorce. Give us a call or contact us online for more information.