Wednesday, December 16, 2015

Divorce Law Questions: Do I Qualify for Spousal Support (Alimony) in Grand Rapids, Michigan?

Grand Rapids Divorce Law Firm of Gordon & Hess, PLC
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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