If you are in the midst of a divorce, it’s natural to expect that there should be some spousal support or alimony. After all, this is something discussed frequently in the media as if it were common in every divorce! In reality, however, spousal support is not a given; but a good divorce lawyer for women with experience in the Detroit, MI family law courts can help you make a case for your need for alimony in court.
How Much Spousal Support Should You Expect After a Detroit, MI Divorce?
Types of Support
Before you can think about amounts, you need to know about the four types of support that Michigan law allows in a divorce. The four types are temporary, periodic, permanent, and “alimony in gross.”
Temporary
Temporary support is only awarded during the time that the divorce is actually in the process of being settled. You should talk with your lawyer about applying for temporary support right away, but final support, if any, will not be determined until the final divorce decree is issued.
Temporary support is usually ordered in cases where one spouse is suddenly living on their own when the other spouse had typically paid for certain major expenses, such as the mortgage or car payments. Sometimes, temporary support is also ordered to bring your standard of living to something more similar to that of your ex-spouse. This is fairly common in cases where one spouse was the breadwinner and the other spouse a homemaker.
Periodic
Periodic support is where one of the spouses is required to make payments over a specific period of time in equal amounts each time. This is the most common type of support issued in Michigan, and it can be for either short-term or long-term, depending very much on the situation.
Periodic support is for situations where one spouse can be self-supporting, but they aren’t able to do it just yet. This is common in situations where one spouse has sacrifice their own career to make a home, raise children, or support the career of another spouse. In order to maintain a lifestyle at around the same level as the couple were living at prior to the divorce, this spouse will need support as they gain job skills and experience.
Permanent
Permanent support is the least common type of regular support and is typically only awarded in cases where there was a long marriage and the spouse being given support cannot become financially independent. This might be due to a disability, advanced age, or poor health.
Alimony in Gross
Finally, “alimony in gross” is for situations where it’s best to have the paying spouse simply pay all the alimony the court assigns at one time. Once this is paid, there is no more spousal support. This is usually only used in cases where a spouse is being required to sell off property or a business and send some or all of the proceeds to the recipient.
How Much Support Will I Get?
The amount of support that you might get cannot be estimated here, since it depends so much on the specific circumstances of your marriage. You have to be able to show that you have a financial need and that this need is a result of the divorce. You’ll want an experienced divorce lawyer for women to help you petition the court for support right from the beginning.
The more your lifestyle has changed due to the divorce, the higher the spousal support possibilities. If you have a significantly lower income than your spouse, the court may order support and may do so for a significant amount of time, with the understanding that you will be working towards finding ways to improve your job prospects. If you are unable to get a better job for health or other reasons, it is possible you could get permanent support.
The amount of support you get will be designed to even out your income with that of your ex-spouse. For this reason, it’s not just a matter of what you may need but also what your spouse is able to afford.
Factors the Court Considers
There is no set calculation for the judge to follow, so the judge will have to use his or her best judgment based on the various factors at work in your situation. The length of the marriage matters, and of course, as mentioned, your ability to work is a big factor here, too. The court will also take a look at the property that each spouse ends up with in the divorce: a spouse who has more real property may not be given as much alimony. The general financial situation of both parties will be considered, and it matters here if you have resources from outside the marriage that you can draw on, such as a family inheritance.
The age, health, and needs of both you and your ex-spouse will be important, as well. If either of you have a disability, this could be a factor. It also matters if there are dependence and how those dependents are being supported. While child support is what is usually ordered to cover the needs of the children, if, for example, you cannot get a better job because you are solely responsible for caring for the children, you may be awarded more spousal support in consequence.
The court will also consider how both parties behaved before and during the divorce and particularly if one party caused the divorce through some type of egregious conduct. Spousal support also typically ends if the partner being supported marries again or cohabitates with another romantic partner.
Changing Spousal Support
As mentioned above, if the receiving party gets married again, or if they move in with a romantic partner, it’s common for spousal support to end at that point. However, this is a point that you can hash out in a divorce agreement.
Other situations where the court will be open to allowing a change in spousal support include if you are able to show that there has been fraud by your ex (like hiding income during the divorce proceeded); if either of you made an innocent mistake in your calculations; or if there is a significant change in circumstances for either party. For example, if one of you becomes disabled, if the paying partner loses their job, if you were to win the lottery, etc., all of these would qualify as good reasons for the court to consider a change to support orders.
Contact an Experienced Divorce Lawyer for Women
While it’s not universally true, it is more common for women than men to find themselves struggling after a divorce financially. Women are more often the partners who contribute the most to the home in non-financial ways. It’s important that your needs to be considered and that you be treated fairly in your divorce. A lawyer with experience particularly in helping women through divorce can help you present a solid case for why you should receive support and ensure the court fully understands your real situation.
To learn more about your case specifically, set up a consultation with us at Woodford Sathappan McGee here in Detroit, MI and also serving Cincinnati, Columbus, Indianapolis, and San Antonio.
