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To schedule a free initial consultation, call Lashier Law, PLLC, at   586-219-1984

Lashier Law, PLLC

 586-219-1984

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Addressing Alimony/Spousal Support In Your Divorce Case

This unique and complex area of family law can be one of the most difficult issues in a divorce. Having an attorney who is knowledgeable in the nuances of spousal support can make all the difference in obtaining a fair result.

In Michigan, there is no formula for determining spousal support. It’s granted on a case-by-case basis, though there are a number of standardized factors to be taken into account.

Factors For Determining Spousal Support In Michigan

It’s important to know that you can come to an agreement on alimony outside of the court process. I am skilled at facilitating those agreements, both as an attorney and a mediator. Marital agreements such as “prenups” may also impact alimony.

If the parties are unable to reach an agreement, the court will determine whether alimony is warranted – and if so, in what amount – based on the following factors:

  • Past relations and conduct of the parties
  • Length of the marriage
  • Ability of the parties to work
  • Source of and amount of property awarded to the parties
  • Ages of the parties
  • Ability of the parties to pay spousal support
  • Present situation of the parties
  • Needs of the parties
  • Health of the parties
  • Prior standard of living of the parties
  • Whether either party is responsible for the support of others
  • Contributions to the joint estate by the parties
  • A party’s fault in causing the divorce
  • How cohabitation affects a party’s financial status
  • General principles of equity

Alimony can be a contentious issue. It’s important to work with a lawyer who understands the nuances of this issue. At Lashier Law, PLLC, I have extensive experience helping clients address all aspects of divorce, including alimony.

In some cases, one spouse believes they are entitled to spousal support, when in fact they are not. We have a decade of experience in defending unwarranted spousal support claims based on the spouse’s education, ability to work, and conduct during the divorce.

I’m Jessica Lashier, a family law attorney and certified divorce mediator in Clinton Township. I am thorough in investigating and evaluating all the relevant factors. I draw on extensive experience in Michigan family law to ensure that the spousal support payments are fair for my clients.

Types Of Alimony You Can Be Awarded In Michigan

Michigan courts consider the unique circumstances of each marriage to determine the type of alimony that is fair and reasonable. These types are:

  • Temporary alimony: Awarded while a divorce is still pending to help a lower earning or nonearning spouse meet basic living expenses.
  • Rehabilitative alimony: Helps a spouse become financially independent by providing support, such as acquiring skills, for a limited period.
  • Permanent alimony: Awarded in long-term marriages where one spouse is unable to achieve self-sufficiency.
  • Reimbursement alimony: Compensates a spouse who made significant financial sacrifices during the marriage, mostly by supporting the other spouse’s career.
  • Lump sum alimony: Paid as a single payment or a fixed number of payments rather than the monthly support.

Having worked in and around the Michigan court system for two decades, I will present compelling arguments for the judge to award you spousal support that best protects your interests.

Can You Modify Spousal Support In Michigan?

Michigan law allows spousal support orders to be modified when there is a substantial change in circumstances such as:

  • The paying spouse loses their job
  • Serious illness, disability or unexpected medical expenses affecting either party
  • New financial responsibilities
  • The recipient spouse experiences a significant increase in income
  • The recipient begins living with a new partner, and the alimony terms contain a cohabitation clause

As a trained mediator, I will help you work through alimony changes efficiently to protect your financial well-being.

What Happens If Your Ex-Partner Fails To Pay Alimony?

If your ex-spouse fails to pay alimony, find a family lawyer and file a motion for contempt. Violation of such a court order can attract punishments such as:

  • Wage garnishment
  • Seizure of assets
  • Property liens
  • Professional license suspension
  • Fines and fees can be imposed
  • Jail time in severe cases of willful noncompliance
  • Tax refund intercept

I can help you take prompt legal action to protect your rights.

Alimony Payment And Taxes In Michigan

Under current federal tax law, which took effect on January 1, 2019, alimony payments are not taxable. Michigan follows this law, so you will not be taxed on alimony payments. Older agreements remain taxable unless modified. As a certified mediator, I can help you modify them to take advantage of the new law.

Get Answers To Your Alimony Questions | Start With A Free Consultation

I offer free consultation for new divorce clients so you can get to know me and decide whether we’re a good fit. You can book an appointment online, or call 586-219-1984 to get started.