Michigan Alimony Laws: A Comprehensive Overview

Michigan Alimony Explained

Alimony, widely referred to in Michigan as post-judgment spousal support or spousal support, is a judicial award made by a judge in a divorce action, separate maintenance action, or an annulment action designed to provide one of the spouses with financial support after the end of the marriage. Spousal support is distinct from post-judgment child support. Spousal support is based on marital status; child support is based on parental status.
Just as there are a number of different terms for spousal support, there is also no standardized definition of alimony. It’s essentially an allowance that the court can order to help one spouse adjust to life after marriage, but as we’ll see, it also has many other nuances. Because family law matters such as divorce and post-judgment spousal support are decided at the state level, what alimony looks like throughout the country varies widely. In Michigan, for instance, alimony awards are made in accordance with specific factors defined by state law (which are detailed below) while in other states there is no statutory definition of alimony. Michigan is one of several states that have no alimony guidelines. The state lags behind others – like Illinois, where judges are expected to follow alimony guidelines – in defining alimony awards.
Alimony awards in Michigan can have a definite or indefinite duration. A definite award has a specified termination date , while indefinite awards have no set end date. The duration is determined by the court, after considering various factors.
In addition to the duration itself, the length of time spousal support is awarded for can be an important aspect of an award. Courts in Michigan tend to consider the general rule of thumb that the support period may be about one year for each three years of marriage, but every case is different, and the one-year-for-every-three rule is not binding.
The purpose of spousal support in Michigan is to balance the financial status of the two spouses. The idea is that the spouse that earns significantly less money shouldn’t have to suffer financially as a result of the divorce, so the higher earning spouse will provide financial support for some period of time to bring the spouses’ standard of living more closely in line after they are on their own. While it’s technically possible for the supporting spouse to pay this support in the form of childcare or mortgage payments, in reality it’s more common for the support to be paid as cash.
There are several circumstances that may warrant a deviation from the general rule regarding spousal support. Factors that create a need for a deviation from the general rule include:

Different Types of Alimony in Michigan

There are four primary types of alimony awards in Michigan: temporary, permanent, rehabilitative, and lump-sum alimony. Whether or not a judge chooses to award one of these types of alimony depends on several factors, including the need of the supported spouse and the ability of the supporting spouse to pay.
Temporary Alimony
Temporary alimony is designed to meet monthly expenses while a case is pending. In other words, until a final judgment of divorce is entered in your case, the judge will consider awarding you temporary alimony – a monthly payment intended to help you meet your monthly expenses while your divorce case is pending. For example, if you pay an average of $1,500 per month in rent or mortgage payments, you might request $1,500 per month in temporary alimony. If you are ordered to pay temporary alimony, the payments will stop once your divorce case is finalized and your judge has entered a final order for spousal support. In most cases, a judge considers an award of temporary alimony even if the parties have entered into a valid prenuptial agreement in which they waived their rights to an award of spousal support. The judge will not consider a waiver of support in making the support order for the temporary time between the filing of the complaint for divorce until the divorce trial. To determine if an award of temporary alimony is justified, the judge will consider several factors, including: If temporary alimony is needed, the judge must then determine how much alimony should be paid.
Permanent Alimony
Permanent alimony is designed to allow the supported spouse to maintain the lifestyle enjoyed during the course of the marriage. Unlike temporary alimony, however, permanent alimony does not continue indefinitely, but will typically end upon the death of either spouse or upon the remarriage of the supported spouse. Michigan courts seldom award permanent alimony. A spouse may need permanent alimony if he/she is unable to be self-supporting due to age or physical or mental disability. For example, a fifteen-year-old child of a parent in her fifties would not be able to enter the job market and make enough money to support herself and a child. Therefore, a judge may award permanent alimony to allow the parent time to reach retirement age and become self-supporting without relying on public assistance.
Rehabilitative Alimony
A rehabilitative alimony award is designed to allow the supported spouse to improve his or her financial status by obtaining education or vocational training. Rehabilitative alimony is based on the belief that the recipient spouse is capable of self-support, but requires additional education or training to reduce his or her dependency on the supporting spouse. For example, a parent with small children may be unable to work, but will be able to go back to school and get a job after they start school. Rehabilitative alimony will allow the parent to support the children during their early school years and will allow the parent to become self-supporting. Spousal support payments are shorter in duration than support payments for a supported spouse with permanent alimony needs. The amount and duration of rehabilitative alimony payments will depend on the actual expenses of the supported spouse and on the terms of the judgment or order of spousal support. The judge may award rehabilitative alimony even where a spouse has a valid prenuptial waiver of spousal support. Prenuptial agreements do not bar a judge from awarding rehabilitative alimony, especially where the supported spouse can establish that the agreement does not allow him or her sufficient income to meet their reasonable needs and where circumstances have changed plaintiffs ability to pay.
Lump-Sum Alimony
A lump-sum alimony award is a one-time payment designed to allow the supported spouse to plan for his or her future. Instead of monthly payments over time, the supported spouse receives a onetime payment that is expected to last over the life of the award. A judge may award lump-sum alimony even where there is a valid waiver of spousal support in the prenuptial agreement where it appears that "the agreement did not make provisions for the support of the wife in the event that circumstances rendered her incapable of supporting herself but where the circumstances of the parties changed substantially so as to render almost inevitable her becoming a public charge unless she had a large sum of money available to her for support."

Factors Considered in Alimony

Michigan alimony decisions are based on an analysis of these "fault-free" factors:
(A) Past relations and conduct of the parties
(B) Length of the marriage
(C) Ability to work
(D) Source and amount of property awarded to the parties
(E) Age of the parties
(F) Health of the parties
(G) Prior marriages of the parties
(H) Environmental conditions of the parties
(I) Present situation of the parties
(J) Needs of the parties
(K) Parties’ respective earning abilities
(L) Whether either party was responsible for the excess or abnormal expenditure of marital funds or whose expenses or concealment of liability have resulted in a deficiency in the marital property
(M) Whether either party was guilty of living beyond his or her means
(N) Obligee’s ability to be trained to achieve appropriate employment
(O) Other circumstances and facts which the court may deem necessary or pertinent to evaluate to do justice between the parties
Although fault is not considered in determining the alimony, it can be considered to affect the nature and extent of the award. Also, other considerations such as behavior, conduct, and misconduct can impact the outcome.
The trend toward gender-neutral awards is noticeable. In a recent Michigan alimony case, a man was ordered to pay spousal support of $7,500 monthly and his wife was ordered to pay him child support of $1,500 since they had a "6-year-old child in common." The case facts required the court to address whether the husband "was financially dependent or was supported during marriage by wife." The court determined that that the husband was the dependent spouse and the wife the payor and even awarded the husband attorney fees.
The length of the marriage is a huge factor that determines whether a party will receive support and the amount. Shorter term relationships range from no support to short-term periodic support. The relationship of the marriage supports the award of support, unacceptable conduct can enhance the award.

How Alimony Amounts are Determined

The law in Michigan governing alimony has undergone a sea change since 2008. Gone are the days of formulas that provide a gross estimate of the amount and duration of alimony.
That being said, there is still an exercise taught to most law students that will give a decent estimate of the amount and duration of alimony. That simple formula is "alimony will generally be 1/4 of the party’s difference in income, for half the years of the marriage." Parties and attorneys frequently refer to this as a working rule or a guideline. In my experience, the calculations from this exercise are very close to what is ultimately ordered by the court.
But it is not the judges that direct this exercise when making their decisions. Rather, the judges’ decisions are directed by the statutes and case law. The most commonly used statute when a judge makes an alimony decision is MCL 552.23. This is the statute that says that courts may order when making support orders in divorce actions. When doing so, the court must analyze:
Michigan courts have developed a non-exhaustive list of factors for the judge to consider in determining alimony obligations. Those factors include: (1) past relations and conduct of the parties, (2) length of the marriage, (3) ability in the field of the occupation, (4) contributions of the wife as homemaker, (5) age of the parties, (6) ability to pay support, (7) present and future earning capabilities, (8) source and amount of property awarded, (9) the parties’ needs, (10) the parties’ health, (11) parties’ prior standard of living, (12) general principles of equity, (13) whether the payor is supporting others, and (14) interference with the payor’s inheritance. This list is by no means exhaustive.

Alimony Modifications and Terminations

Under Michigan law, the general rule is that alimony payments are not subject to modification by the courts if they are based upon a Separation Agreement "incorporated" into a Judgment of Divorce. The parties may, however, provide in a Separation Agreement for a right of review, recision, or termination of said agreement in the event of changed circumstances. In other words, the parties may agree that future changes in circumstance may result in alimony being modified.
The Michigan Supreme Court has held that the clear and unqualified pledge by one spouse to make alimony payments until her death or the death of her former husband or her remarriage will be enforced even though the paying spouse has no financial security to meet the pledge at his death and he makes no provision for the payment of alimony out of his estate. Stated another way, if there is no reservation of the right to modify alimony, a court cannot modify the alimony award unless the agreed upon contingencies expressly contemplated by the parties occur. Thus, the terms of the contract must be controlling.
Further, the Michigan Supreme Court has also ruled that a court cannot include in an order of the court the right to modify alimony in the event of changed circumstances which were not contemplated by the parties . When the parties enter into an agreement, they waive their right to have a court of equity determine whether there are indeed changed circumstances justifying either alimony or its termination. Such a waiver is implicit in the Separation Agreement approved and consented to by both of them.
On the flip side, if the parties expressly reserve the right to have alimony modified in the event either is remarried or cohabitates with another person, a court may terminate alimony upon giving deference to such a provision in the Separation Agreement. (Note: Cohabitation means when a person lives with another in a marriage-like relationship which is not specifically sanctioned by law; or it may mean a relationship whereby two people decide to live together and share responsibilities of financial resources but without a sexual component).
While the courts do not have the authority to modulate alimony under the circumstances described above, the parties do have the authority to alter the terms of a Separation Agreement to provide for the possibility of future change in situations and possibly future modulations of alimony.
Finally, alimony payments generally end on the death of either party, remarriage of the party receiving alimony payments and/or cohabitation by the party receiving alimony payments with another person.

Myths Surrounding Michigan Alimony

One common misconception revolves around the belief that alimony awards are gender-biased, with the husband always paying the wife. In the past, this may have been the case, but times have changed and Michigan alimony law is no longer biased toward one gender. In a world where stay-at-home moms and wage discrepancies are common, many alimony cases today involve wives paying their ex-husbands spousal support.
Another common myth is that permanent alimony still exists in Michigan. In the past, payers had lifetime obligations to their ex-spouses, especially if a couple was married for an extended period of time. But, as medical technology improved and people began to live much longer, Michigan courts have started moving away from the idea that spouses should be supported indefinitely. Modern alimony awards allow marriages to be treated more like business contracts. For many judges, there’s a sense that a marriage should end like any other contract. Both partners get whatever benefits are left or finish where they were before they met.
Another common misconception is that spousal support is an automatic entitlement. Some believe that if they were a long-term homemaker or a nonworking spouse, there’s little chance a judge will ever deny their request. On the contrary, recent Michigan alimony awards show that the courts take a number of different factors into consideration before making a decision on spousal support. The key is to know what a judge will consider so that your arguments reflect these important factors. With the right approach, you can make sure you get the alimony outcome you deserve.

Getting Legal Help and Resources

Legal assistance and resources for Michigan alimony issues
Alimony considerations can be extremely complex, and those involved in divorce and separation proceedings may want to seek the assistance of an experienced attorney. In Michigan, the best resource for people who need assistance with divorce proceedings is their divorce attorney, or, when appropriate, emergency domestic violence attorneys. This attorney can help clients with every aspect of the divorce process, including providing guidance about alimony considerations. For people who cannot afford to hire a private attorney, there are resources that may be available through legal aid clinics. Legal aid clinics may be able to provide free or reduced-fee legal services in divorces, separations and enforcement of the laws related to alimony. These agencies may only be able to provide assistance on a limited basis and may only be able to provide assistance to low-income people. In addition to state programs, there are also a number of online resources that help people find information regarding alimony. The source of the information varies widely, and while many provide important information, it may also be necessary to seek the help of an attorney who is experienced handling this type of matter.

Conclusion to Michigan Alimony

In conclusion, this article serves as a cohesive look at Michigan’s alimony laws. It delves into the types of alimony and the key factors relevant to determining a fair amount and duration. As you can see, alimony in Michigan is both complex and situational. Each case is unique , necessitating a careful and detailed examination by a trained attorney.
We strongly encourage anyone facing the possibility of paying or receiving alimony to consult an experienced lawyer as soon as possible. There are many factors to consider and it’s critical to get an understanding of Michigan’s laws before proceeding.