Can spousal support be modified?
Yes, unless the parties specifically agree in writing that it is non-modifiable. Otherwise, spousal support may be increased, reduced, terminated, or reinstated if there is a significant change in circumstances.
Can we agree to spousal support without having a hearing?
Yes. Divorcing spouses can agree on the amount and duration of spousal support and whether spousal support can be modified later.
Can we agree to waive spousal support?
Yes, spouses can agree to no support in their divorce judgment. Courts generally uphold such agreements as long as they are voluntary and not unconscionable.
Does fault affect spousal support?
Yes, it can. While Michigan is a no-fault divorce state, misconduct like adultery, abuse, or financial waste can influence whether support is awarded and in what amount.
How long does spousal support last?
It depends. Support can be temporary, rehabilitative (to help one spouse get back on their feet), long-term, or in rare cases, permanent. Duration is based on considerations such as the length of the marriage and each spouse’s circumstances.
Is spousal support automatic?
No. In determining whether spousal support should be paid and if so, how much and for how long, courts consider many factors. These factors include the length of the marriage, age and health of the spouses, earning capacity, contributions to the marriage, and more.
Is there a spousal support formula?
No. Unlike child support, there is no formula for spousal support in Michigan, which makes it one of the most contested issues in divorce. There are unofficial “prognosticators” and a lot of anecdotal “rules of thumb,” but the court must analyze each of the spousal support factors in making a decision. Having an experienced attorney is key to presenting the right evidence and protecting your financial future.
