Spousal Support Factors

Our office receives phone calls from clients about whether he/she will have to pay for spousal support or whether he/she will be able to receive spousal support. They are not set guidelines for spousal support. Our firm has a computer program that can estimate what the potential spousal support dollar amount and length of period of time may be. The court will take a number of factors into consideration.

The objective of spousal support is to balance the incomes and needs of the parties in a way that will not impoverish either party, and support is to be based on what is just and reasonable under the circumstances of the case.” Woodington v Shokoohi, ___ Mich App ___; ___ NW2d ___ (Docket No. 288923, issued May 4, 2010), slip op p 2. In determining whether to award spousal support, a trial court should consider the following factors:

1. the past relations and conduct of the parties;
2. the length of the marriage;
3. the abilities of the parties to work;
4. the source and amount of property awarded to the parties;
5. the parties’ age;
6. the abilities of the parties to pay alimony;
7. the present situation of the parties;
8. the needs of the parties,
9. the parties’ health;
10. the prior standard of living of the parties and whether either is responsible for the support of others;
11. contributions of the parties to the joint estate;
12. a party’s fault in causing the divorce;
13. the effect of cohabitation on a party’s financial status; and
14. general principles of equity. [Id.]

Additionally, “‘[w]here both parties are awarded substantial assets, the court, in evaluating a claim for [spousal support], should focus on the income-earning potential of these assets and should not evaluate a party’s ability to provide self-support by including in the amount available for support the value of the assets themselves.’” Gates, 256 Mich App at 436, quoting Hanaway, 208 Mich App 278, 296; 527 NW2d 792 (1995).

If you are having a tough time with your marriage and you have questions about divorce please feel free to contact at Allan W. Ben P.C. for a free consultation. You can contact our office at info@allanwbenpc.com or 248-540-0677 . We handle divorce cases in Oakland County, Macomb County, Wayne County, Washtinaw County and Livingston County. We will aggressively handle your divorce case.