Calculating Spousal Support
When divorce is on the horizon, a natural question of both spouses and their attorneys is whether alimony (spousal support) is in order. Unlike child support, which is mandatory and determined by a statutory formula, spousal support may or may not be granted and the amount that is granted is at the discretion of the family court judge.
The judge will review 11 factors when determining whether spousal support should be awarded and the amount of such an award. These factors are:
- The length of the marriage
- The ability of both parties to support themselves
- The parties’ ages
- The ability to pay spousal support
- The parties’ present situation
- The parties’ needs
- The parties’ health
- The parties’ past relations and conduct, including contributions that a dependent spouse made during the marriage to the career, well-being and family life of the primary wage earner
- The lifestyle to which the spouses were accustomed during the marriage and whether the parties support others (such as, additional children from a prior or subsequent relationship)
- The source and amount of property awarded to the parties
- General principles of equity
Spousal support is one area of family law where an attorney’s skills, passion and knowledge can make a great difference in your life, perhaps for years to come. Contact the law offices of Marrs & Terry, PLLC, in Ann Arbor and throughout Washtenaw County, to schedule a consultation or call toll-free at 866-665-8095. We believe that after you talk with us, you will be ready to intelligently choose the right lawyer to represent you.
Temporary Spousal Support During The Divorce Process
Temporary spousal support may be granted during the period of legal separation, especially if one spouse has not been working during the marriage. This does not necessarily mean that alimony will be granted permanently upon completion of the divorce.
Evaluating The Circumstances Of Permanent Spousal Support
It is a lawyer’s job to present a compelling case for or against alimony. The older the recipient, the longer the marriage, and the less able the recipient is to support him or herself, the more likely it is that the judge will award spousal support. It is important to note that men are also eligible for spousal support. The award of alimony is based upon circumstances, not gender.
Modifying Or Ending Spousal Support Agreements
Spousal support may or may not continue throughout the receiving partners’ lifetime. Often spousal support is intended to be temporary until the receiving spouse becomes employable or remarries. There may be reasons in the future when the spouse who is making alimony payments believes the spousal support order is unfair or should change because of changed conditions. He or she can seek a modification of the court order. We can bring your case back to court.
We Can Help You Navigate The Details Of Spousal Support. Contact Us Today.
Contact us to schedule a consultation regarding your request for alimony or request to change an existing spousal support order. If you are facing overwhelming financial difficulties, see our bankruptcy and foreclosure site.