Seglund Gabe Pawlak & Groth, PLC

Conveniently located in Wixom and Bloomfield Hills

  • Main office

    28345 Beck Road Suite 301 Wixom, Michigan 48393
    Phone: 248.869.0030
  • satellite office

    (by appointment only)
    41000 Woodward Avenue
    Suite 350 East
    Bloomfield Hills, MI 48304

How Is The Amount Of Spousal Support Determined?

There are 14 factors a court will consider to determine the amount if child support was ordered.

The 14 factors include:

  1. the parties’ past relations and conduct;
  2. the length of the marriage;
  3. the parties’ ability to work;
  4. the source and amount of property awarded to the parties;
  5. the parties’ ages;
  6. the ability to pay spousal support;
  7. the parties’ present situations;
  8. the parties’ needs, the parties’ health;
  9. the prior standard of living of the parties;
  10. whether the parties support others;
  11. the parties’ contributions to the joint estate;
  12. the party’s fault in causing the divorce;
  13. how cohabitation affects a party’s financial status; and
  14. the general principles of equity.

Each factor should be weighed separately. Usually, the determining factors are the age of the parties, the length of the marriage, the incomes of the respective parties, the ability to pay, and the need of the party receiving spousal support. Spousal support is not based upon a strict formula like child support is, so it becomes part of the negotiations in a divorce case.

Is Alimony Or Spousal Support Always Awarded In A Divorce Case?

Spousal support is not awarded in many divorce cases.

Is There A Certain Length Of Marriage Required For Spousal Support To Be Awarded?

The longer the marriage, the more likely that there will be a period of spousal support. But, there is no minimum length of marriage when awarding spousal support.

When Does Alimony Or Spousal Support Begin?

Spousal support normally begins when the parties become separated.

Can I Get Support During A Separation?

It can be part of the court’s order that if the parties are separated the payer pays spousal support.

When Does Spousal Support End?

If spousal support is non-modifiable, usually the parties will reach a term of years as part of negotiations. If it is modifiable, the court can set a term of years. Usually, it would terminate upon the remarriage of the individual receiving spousal support, but that does not have to be the case, and the court may order it to continue.

If My Spouse Committed Adultery, Does That Affect The Spousal Support In A Divorce?

One of the 14 factors in the law that the court looks to regarding spousal support is the party’s fault in causing the divorce. The court can take that into consideration. However, it does not automatically affect spousal support.

For more information on Determining the Amount of Spousal Support, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (248) 869-0030 today.

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