Spousal Support (formerly called Alimony) in a Michigan Divorce

Either spouse may be ordered to pay spousal support. The goal of spousal support is to balance the incomes of the parties so that both can support themselves and neither one is impoverished as a result of the order. Even though Michigan is a "no-fault"� divorce state, fault, such as infidelity, domestic violence, and alcohol or drug abuse, is considered by the court in awarding support.

Following are a number of factors Michigan courts have considered in determining whether to award spousal support:

  • the past relations and conduct of the parties
  • the length of the marriage (One spouse is often likely to have remained out of the work force for many years to maintain a home and raise children, making it difficult to re-enter the workplace and earn enough to support him/herself.)
  • the ability of the parties to work
  • the source of and amount of property awarded to the parties
  • the age of the parties
  • the ability of the parties to pay support
  • the present situation of the parties
  • the needs of the parties
  • the health of the parties
  • the prior standard of living of the parties and whether either is responsible for the support of others
  • general principles of equity (The court balances the fairness of the amount and length of time of a potential award, given the recipient's needs and the ability of the payor to supply funds without becoming impoverished in the process.)

Parrish v. Parrish, 138 Mich App 546, 361 NW2d 366 (1984).

All payments of spousal support are to be made through the Michigan Friend of the Court Bureau. Spousal support issues should be prepared on a Uniform Support Order Form (FOC 10b or 10c). Personal information must be provided (on Form FOC 100) to the Friend of the Court.

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