Rochester Hills Alimony Attorney

Representing Clients Through the Alimony Process in Oakland County

Spousal support (alimony) is a payment from one ex-spouse to the other during or after a divorce meant to ensure that each spouse can meet financial needs during and after the separation process. Michigan permits spouses to request spousal support if the requesting spouse can demonstrate a financial need and the other spouse can afford to pay. The amount, frequency, and duration of support will depend on the individual case.

Call Little & Boylan PLLC, today at (248) 809-1402 or contact us online to schedule a consultation with our alimony lawyer in Rochester Hills.

Four Types of Spousal Support

In general, Michigan offers four types of spousal support:

• Temporary - Temporary support is only available during the pendency of the divorce and is for spouses who are unable to support themselves during the divorce process. Either spouse can request temporary support when filing for divorce, but the court will make the final decision as to who can appropriately receive the support. Note that some courts may refer to temporary support as “status quo” payments, as the spouse who has always paid the mortgage, utility bills, and car payments may be ordered to continue making those payments while the divorce process is ongoing. Status quo payments are usually ordered when there is a significant discrepancy in income between both parties.
• Periodic - Periodic support is the most common type of support in Michigan, and a judge can award periodic support for a short period (considered rehabilitative support) or for a longer period of time. Periodic support is common in situations where one spouse is capable of being self-supporting, though not immediately. For example, if one spouse gave up a career to raise a family or support the other’s career, the court may award periodic spousal support for a period that allows the recipient time to develop job skills or finish a degree that will help them become financially independent.
• Permanent - While temporary and periodic support have a termination date, permanent support is alimony that lasts indefinitely. Permanent support is not often granted and is reserved for cases where the parties were married for an extended period and the recipient spouse is unable to become financially independent due to age, health, or disability.
• Lump-Sum - Lastly, lump-sum support is spousal support paid all at once and, although rare, is appropriate when one spouse can afford to pay the entire support award in one payment. It is common for lump-sum payments to be personal or real property instead of money. The benefit of lump-sum support is that the paying spouse has no obligation to make bi-weekly, monthly, or annual payments to an ex-spouse, but the downside is that the paying spouse will need to provide a significant value of property or a lump-sum monetary amount up-front in the negotiations.

Who Gets Spousal Support in Michigan?

In Michigan, either spouse can ask for spousal support in a divorce, though note that for the court to consider a request for support, individuals must address it in their initial divorce paperwork. It is a common misconception that spouses must be married for at least 10 years before the court will award support, though a court may actually award alimony to a qualifying party regardless of how long a couple has been married. Of course, it is more likely for a judge to award support for a long-term marriage, but it is not a requirement.