Non-modifiable alimony

Non-modifiable alimony

alimony 2Under Michigan divorce law the parties have a statutory right to modify alimony or spousal support.  This statutory right can be found in MCL 552.28.  This statute specifically allows on the petition of a party that a court may revise an alimony award.

Notwithstanding the statutory right to modify alimony, your Michigan divorce lawyer should counsel you on negotiating a non-modifiable alimony award.  The Michigan Court of Appeals in the case of Staple vs. Staple allows for parties to negotiate non-modifiable alimony and waive the statutory right for modification.

Your Michigan divorce lawyer should caution you on the risks and benefits associated with a non-modifiable award.  Take the following examples into consideration:

  • If the payor loses his/her job, the non-modifiable payment overly burdensome. 
  • If the payor’s income increases the payee may not ask for more alimony;
  • If the payee remarries, alimony may not terminate;
  • A prepayment of alimony should be discounted for present value;
  • Should a non-modifiable alimony award be discounted because it is not modifiable?
  • If the payee’s health fails, he/she cannot ask for additional support;

A Michigan divorce court can only order modifiable alimony in Michigan.  However, parties can agree on a non-modifiable award.  Caution should always be considered when evaluating a non-modifiable award.   In many instances, a non-modifiable award can be a big win, in other’s a horrific loss.

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I have been exclusively practicing divorce and family law in Michigan for over two decades.  The attorneys at Findling Law all share the core value of practicing law to help people navigate change in their lives, without compromising principles.  We specialize in high socio-economic, high-profile and high-conflict cases, while also working with clients of all backgrounds. We recognize that the most important aspect of the practice of law is the application of the law to your specific circumstances.

That is why we provide more free information on divorce and family law than any other Michigan law firm. We want to help you manage your situation. Allow our exceptional legal team to help you navigate the change in your life, without compromising principles.

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By:  Daniel Findling

 

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