On September 16, 2025, the Michigan Court of Appeals issued an opinion from Mr. Cohen’s appeal of a trial court order for him to pay $38,000 in spousal support arrearages.
Why you how so much in spousal support?
The case, Cohen vs. Cohen was filed in Wayne County and the facts are as follows:
- The parties divorced in 2007 by a Consent Judgment of Divorce;
- Mr. Cohen was required to pay Ms. Cohen $1,000 per month in spousal support until the occurance of certain events, including his retirement from Ford Motor Company;
- Mr. Cohen left Ford Motor Company on October 5, 2020 due to a disability and has not returned to work; and
- Mr. Cohen’s only source of income is Social Security Disability Benefits.
Ms. Cohen filed a motion (a request before the court) to enforce Spousal Support in June 2023. Mr. Cohen filed a countermotion that his obligation to pay spousal support ended when he left Ford and (arguably) retired. However, Mr. Cohen testified that he did not “request” retirement status from Ford until March 1, 2024, presumptively to maximize his retirement benefits.
The spousal support provision of the Judgment of Divorce providing:
IT IS FURTHER ORDERED AND ADJUDGED that Plaintiff, LARLEE COHEN, shall pay to the Defendant, LIZZIE LOUISE COHEN, as non-modifiable spousal support, the sum of $1,000.00 per month commencing upon the entry on the Consent Judgment of Divorce and continuing until the Defendant’s death or remarriage or until the Plaintiff retired from his current employment, at which time, spousal support to the Defendant shall terminated [sic] (retroactive to the date of retirement, if applicable) and thereafter be forever barred.
You owe how much in spousal support? The importance of language.
In interpreting the Judgment of Divorce, the Michigan Court of Appeals determined that the mere cessation of work did not satisfy the retirement condition of the Judgment of Divorce. Rather, Mr. Cohen took a medical leave and did not retire when he stopped working.
The key learning from this case is the importance of language in orders and judgments. Had Mr. Cohen’s Judgment provided for “disability” as a condition to modify or stop spousal support, he would have been successful in his claims in avoiding $38,000 in spousal support arrearages.
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