Alimony is a form of spousal support where the primary wage earner pays the dependent spouse money every month after divorce. This is called periodic alimony. There is another type of alimony, called alimony in gross which is money in lieu of property. So in this article, we are examining periodic alimony. There are specific factors a court will take into consideration in determining if you have to pay alimony.
While there are some companies that make “Alimony guidelines”), unlike child support which is governed by formula, alimony is not. Rather a court must take into account specific factors when determining if you will have to pay alimony.
The purpose of an award of spousal support is to “balance the incomes and needs of the parties so that neither will be impovershed.”
Loutts vs. Loutts, 298 Mich App 21 (2012)
The Michigan Alimony Factors
A court has the power to order alimony by statute, specifically, MCL 552.23. However the alimony factors are set forth in case law and the most cited case is the Michigan Court of Appeals case of Loutts vs. Loutts:
(1) the past relations and conduct of the parties,
(2) the length of the marriage,
(3) the abilities of the parties to work,
(4) the source and amount of property awarded to the parties,
(5) the parties’ ages,
(6) the abilities of the parties to pay alimony,
(7) the present situation of the parties,
(8) the needs of the parties,
(9) the parties’ health,
(10) the prior standard of living of the parties and whether either is responsible for the support of others,
(11) contributions of the parties to the joint estate,
(12) a party’s fault in causing the divorce,
(13) the effect of cohabitation on a party’s financial status, and
(14) general principles of equity.
The factors most considered in determining if you will have to pay alimony are:
- The length of the marriage (the longer the marriage, the greater the exposure),
- The parties’ incomes (the greater the disparity of income, the greater the exposure),
- Ability to work (the age, education, health, experience etc.)
- The needs of the parties (what are the monthly expenses).
To determine if you have to pay alimony, consideration should be given to all of the factors. In fact, Michigan law requires a court to Alimony exposure requires a court to make specific findings as to each factor relevant to the particular case. Therefore, proper preparation and exeperience representation are important in ensuring your goals are met.
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