Michigan Spousal Support comments by Flint Divorce Attorney.

So how do you get it.Elements in awarding spousal support. 


The Family Court court may award spousal support as is just and reasonable if the property award is insufficient for the suitable support of either party and any children of the marriage of whom the party has custody. The Fanmily Divorce Court must consider “the ability of either party to pay and the character and situation of the parties, and all the other circumstances of the case.” MCL 552.23(1).


Here is what has to be shown:

•Past relations and conduct of the  husband or wife. How the parties acted during  the marriage as well as fault in the breakdown of the marriage. Fault, adultry, gambling etc.., is only one factor and should not be assigned disproportionate weight.



•Just how long was the  marriage. A long-term marriage is especially relevant where one spouse has no career or marketable skills and his or her standard of living may be lowered because of the divorce.


• can the husband or wife work.



•Source of and amount of property awarded to the husband and wife. The focus is on the income-earning potential of the assets rather than their value; a spouse is not required to dissipate property awarded to meet daily needs where spousal support can be available.



•How old are the husband and wife.



•Ability of the wife or husband to pay spousal support. Sources considered in determining the ability to pay include earnings, pension plans, unemployment compensation, tax refunds, and Social Security benefits. Ability to pay includes the payer spouse’s unexercised ability to earn if income is voluntarily reduced to avoid paying spousal support. Factors relevant to the ability to pay include (1) the parties’ employment histories, (2) reasons for any termination of employment, (3) work opportunities available, (4) diligence in trying to find employment, and (5) availability of employment.



•Present situation of the husband and wife.



•Needs of the husband and wife.


•Health of the parties. The parties’ health is relevant to the ability to work and to the personal needs of the spouse seeking support.



•Prior standard of living of the parties.



•Whether either party is responsible for the support of others.



•General principles of fairness.





The court must make findings on each factor relevant to the claim before it.



Amount and duration of spousal support. 



Factors relevant to the amount of support.



•duration of the marriage



•the parties’ contribution to the joint estate



•the parties’ ages



•the parties’ health



•the parties’ stations in life



•the parties’ necessities and circumstances



•the parties’ earning abilities




Rehabilitative spousal support.



Rehabilitative spousal support is temporary spousal support to help the dependent spouse make the transition to self-support. It can be appropriate to

•encourage a spouse to seek full-time employment and self-sufficiency



•allow a spouse to complete an advanced degree or obtain a marketable skill when he or she had worked while the other spouse obtained a degree



•allow a spouse to adjust to a lifestyle not based on combined incomes



•allow a spouse to obtain new job skills and enter the workforce



If you have additional questions contcat Terry bankert at
http://www.attorneybankert.com/





Permanent spousal support (generally until death or remarriage).



It has been found appropriate when there is

•a long-term marriage with a spouse who has no career or marketable skills



•a long-term marriage, one spouse with superior earning skills, and the other spouse with questionable earning capacity



•great discrepancy between incomes and a wife who devoted most of her adult life to homemaker role



•serious doubt that a spouse could support himself or herself because of a disability