One of the big questions you might have if you are getting
divorced in Grand Rapids, Michigan may be whether you’re entitled to receive
spousal support or alimony. According to Michigan
Legal Help, the courts in Michigan don’t use a particular formula to
determine whether you’re entitled to spousal support. Instead, alimony is
considered along with other factors including the division of debts and the
division of property in your divorce. Here are some other key things you should
know about spousal support.
The court will look
at certain factors when determining spousal support: When it comes to
determining spousal support, how you and your spouse treated each other during
the marriage matters. The grounds for your divorce may play a role in alimony
awards. The length of your marriage will also be considered. You are more
likely to receive spousal support if your marriage was longer. If you can’t
work or if you need special training in order to find work, you may be more
likely to qualify for spousal support. Similarly, the court will look at
whether you are retired, whether you have children, and whether you can be
reasonably expected to work in the future. Your health may also play a role
here. Other factors may be considered by the judge, such as your prior standard
of living and what is fair given the situation.
Spousal support is
taxable. How your spousal support is taxed will depend largely on the legal
wording of your Judgment of Divorce. If you have tax concerns, it is wise to
speak to a qualified divorce lawyer in Grand Rapids, Michigan. An attorney like Brian Gordon with Gordon & Hess, PLC in Grand Rapids can
ensure that the wording protects your best interests.
Judges have immerse
discretion in awarding—or not awarding—spousal support: According to the State
Bar of Michigan, judges were asked whether they used alimony guidelines in
making decisions in a case. Only 68% of the judges said that they used the
guidelines. Even among judges who used guidelines, 88% said that the guidelines
were considered as only one single factor in their decision-making process.
Guidelines were therefore more often used as a tool, and not as a strict rubric
in making alimony decisions. This means that the case that you present to the
judge for receiving alimony matters. Each judge will consider your case in
light of the unique facts you present. If, for instance, you stayed home to
raise children and gave up career prospects, this may considered. If you
supported your spouse through school, this may also be a factor.
You can agree on
spousal support outside of court: If your spouse agrees to pay alimony, you
don’t have to leave it up to a judge to decide. Mediation can often help
divorcing couples make decisions and find resolutions that are fair and that
work best for their families.
Because alimony awards depend largely on the case you build
in court, it is important to find a qualified family law firm like gordonhess.com to fight for your
interests. If you are considering seeking alimony for divorce, finding a
qualified divorce attorney is an important step in ensuring that you get the
best possible outcome for your case.
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