Spousal support can be crucial in divorces where one spouse financially relied on the other during the marriage. Also referred to as alimony or spousal maintenance, these payments can help an economically dependent spouse get back on their feet after the couple has parted ways. Importantly, spousal support is based on need — and either spouse can make a request for these payments, regardless of gender. If you or your spouse depended upon the other economically, you might be wondering, “how is spousal support calculated?”
Spousal support is a monetary payment made by a higher-earning spouse to the other during or after divorce. It is not awarded to punish a spouse — it is meant to maintain the status quo and ensure the lower-earning spouse’s financial needs are met so they are not at a disadvantage. Generally, spousal support can be paid as temporary support, periodic support, permanent support, or it can be made as one lump sum payment. The parties can settle spousal support matters between themselves outside of court or a judge can decide the issue if an agreement cannot be reached.
Temporary spousal support is payment made while the divorce is pending. It is meant to help the dependent spouse meet their financial needs during the legal process. This is in contrast with permanent spousal support, which can last indefinitely. Permanent support is typically awarded in long-term marriages or in cases where a spouse is unable to earn a living due to age or health reasons.
Unlike a lump sum spousal support payment, which is only paid once, periodic spousal support is paid over a certain amount of time. It can be made in monthly or yearly payments and be either temporary or permanent.
In addition, if a spouse needs training or education in order to obtain gainful employment, limited-duration spousal support may be awarded. This type of support is only awarded until a spouse can become financially self-sufficient.
An award of spousal support isn’t automatic in a Michigan divorce case. While there is no legal requirement for spousal support, it is awarded on a case-by-case basis depending on the facts of the matter and the needs of the dependent spouse. In some cases, spousal support is not awarded at all.
When it comes to the question, “how is spousal support calculated?” it’s essential to understand there is no specific mathematical formula in Michigan to calculate alimony payments — or to determine if it should be awarded at all. Courts apply a number of factors to decide the amount and duration of alimony. Specifically, the factors a court will consider when determining whether alimony should be awarded can include the following:
Notably, it’s also important to take the tax consequences of spousal support into consideration. The party who makes alimony payments is required to pay taxes on the amount being paid. However, the party who receives the alimony payments will not need to count it as income for tax purposes.
Spousal support payments aren’t always set in stone. A spousal support award in Michigan can be modified or terminated under certain circumstances. Under Michigan law, spousal support payments will end upon the remarriage of the receiving spouse or when either party passes away.
Either party may ask the court to modify spousal support at any time after the divorce decree has been issued unless the judgment makes the award non-modifiable. The parties can also agree to modify alimony between themselves. Typically, a judge will only change the terms of a spousal support award if there are new facts to consider or one party’s financial circumstances have significantly changed. Factors a judge might assess when deciding whether a modification is appropriate can include the receiving spouse’s cohabitation, fraud, unilateral mistake, and a difference in the paying spouse’s ability to make payments.
If you are wondering “how is spousal support calculated?” it's best to have a skillful attorney by your side who can evaluate the factors in your specific case and ensure your rights are protected. Located in Sterling Heights, The Law Offices of Kevin R. Lynch P.L.C. provides a wide array of divorce and family law services to Michigan residents, including those involving spousal support matters. 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.
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