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The following are frequently asked questions about spousal support, provided by Divorce Attorney, Timothy Trichler.  Click on a question below:

Does Michigan have spousal Support?
How are the amount and length of payments determined?
How is spousal support paid?
Is spousal support tax deductible to the payor? Is it income to the payee?
Can I discharge my spousal support obligation in bankruptcy?

Does Michigan have spousal Support?
Yes. Many people still use the former term, alimony. There is no minimum number of years that you have to be married to ask the court to order spousal support. There is no set number of years of marriage where you are guaranteed spousal support either. Michigan does not have any statutory guidelines that the court must follow.

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How are the amount and length of payments determined?
The amount of payment and the length of the payments are determined by the judge. This is a discretionary decision. That is to say, the judge can do what the judge thinks is appropriate. Michigan case law provides that the judge should consider the following factors in making the decision:
1. The past relations and conduct of the parties;
2. The length of the marriage;
3. The ability of the parties to work;
4. The source of and amount of property awarded to the parties;
5. The age of the parties;
6. The ability of the parties to pay alimony;
7. The present situation of the parties;
8. The needs of the parties;
9. The health of the parties;
10. The prior standard of living of the parties and whether either is responsible for the support of others;
11. General principles of equity.

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How is spousal support paid?
It can be paid directly from the payor to the payee or by wage garnishment.

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Is spousal support tax deductible to the payor? Is it income to the payee?
Yes. It is a mistake to forget about this. However, not all payments from one spouse to the other are considered spousal support. What payments are and are not spousal support is too technical for discussion here.

Can I discharge my spousal support obligation in bankruptcy?
No. This is an exception to the bankruptcy code.

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The above divorce related content is meant as a guide to answer some of your questions dealing with spousal support.  For more specific answers to your particular divorce situation, please contact us by email or call us for a free initial phone consultation.  Trichler Law has two convenient locations in Cadillac and the Grand Rapids area providing divorce related legal services to Northern and West Michigan.

Divorce & Family Law