Spousal support can be crucial to ensure a financially dependent spouse’s needs are met after divorce. But once a court has awarded spousal support, the order isn’t always set in stone. There are certain circumstances under which a court would modify spousal support. If there is a significant change in circumstances that result in spousal support payments being too little to help a spouse make ends meet, a court might increase the payments. Similarly, if support payments become unmanageable to the paying spouse due to unanticipated job loss or illness, a court may decrease the payments.

What is Spousal Support?

Spousal support is payment made by the higher earning spouse to the financially dependent spouse after divorce. The purpose is to ensure the lower-earning spouse can meet their basic needs while they work to become self-supporting. There is no requirement that spousal support be awarded in Michigan, and it is not ordered in every divorce matter. Rather, it is determined on a case-by-case basis.

A judge would consider a variety of factors when determining whether it is appropriate to award spousal support and for how long, including:

• The length of the marriage
• The age and health of each spouse
• The needs and earning capacity of each spouse
• The standard of living during the marriage
• How property was divided between the spouses
• Each spouse’s contributions to the marriage

Spousal support may be ordered to be paid in a single, lump sum to provide the recipient with a large amount of support upfront. It may also be temporary and ordered while the divorce case is ongoing — or less commonly, spousal support can be permanent. Typically, support may be permanent when the dependent spouse is unlikely to become self-supporting due to age or illness. Rehabilitative support is another form of spousal support that may be ordered to help a spouse gain the skills or education they need to become financially independent.

Can You Modify Spousal Support After Divorce?

Spousal support can be modified after divorce in Michigan if there has been a significant and unanticipated change in circumstances since the original order was entered. Critically, a spouse cannot simply decide to stop making payments. Any order entered by the court must be followed unless a new order has been issued that changes the amount of the payment. If the spouse ordered to pay support fails to do so, they may be held in contempt of court.

If you and your former spouse do not agree when it comes to modifying spousal support, you can petition the court and request that a judge determine the issue. But it should be noted that there are instances in which spousal support cannot be modified — even if there has been a significant change in circumstances. If the divorce agreement contains language that specifies the spousal support award is final, it is considered non-modifiable. However, in the event the language waiving the right to modify spousal support was not clear, a court may deem it ineffective and determine that the award can be modified.

Reasons to Modify Spousal Support

Reasons to modify spousal support can include changes in the payor’s ability to make payments or changes in the financial needs of the payee. Common reasons that may warrant modifying spousal support can include the following:

• Disability or serious health condition — If a disability, injury, or serious illness impacts a spouse’s ability to earn income, the affected spouse may petition the court for a modification. For instance, while a recipient spouse who becomes seriously ill may request an increase in payments, a paying spouse might request a reduction in their obligation.
• Cohabitation — Although living with a new partner doesn’t automatically terminate spousal support, it may result in reduced financial obligations for the recipient spouse, warranting a modification.
• Job loss — If the paying spouse loses their job and experiences a substantial reduction in income, they may be entitled to request a downward modification. However, a court may deny a modification if the job loss was voluntary.
• Increased income for the recipient — If the party receiving spousal support experienced a significant increase in their income, a modification may be granted to lower the paying party’s obligation.

Spousal support terminates upon the death of either spouse. Payments can also end upon the remarriage of the recipient spouse, unless a contrary agreement was put into place.

Do You Need to Go to Court to Modify Spousal Support?

You don’t always need to go to court to modify spousal support in Michigan. If you and your former spouse are amicable, you can resolve the issue of a spousal support modification without judicial intervention. Mediation is an alternative dispute resolution method that can often help former spouses settle these matters efficiently and cost-effectively. Importantly, once a settlement has been reached in mediation, it must be submitted to the court in order for the agreement to be legally binding.

Contact an Experienced Michigan Spousal Support Attorney

If you are facing a spousal support matter, it’s essential to have a skillful attorney by your side who can best advise you regarding your specific circumstances. Located in Sterling Heights, The Law Offices of Kevin R. Lynch P.L.C. provides a wide range of matrimonial and family law services to clients in Michigan and is committed to obtaining the best possible outcome in every case.

You can set up a free consultation by calling 586-336-1088 or contacting us online. We assist clients throughout Macomb, Oakland, and Wayne counties.