Divorce is about separating lives and rebalancing them. While every state has different laws, judges have wide discretion, and there are core elements behind spousal support calculations. Let’s break it down to help you understand what to expect, how to prepare, and how to protect yourself.
Facts About Spousal Support Calculations
Spousal support, also called alimony, is a court-ordered payment from one spouse to another after a divorce or legal separation. Its primary purpose is to help the lower-earning spouse temporarily maintain a standard of living reasonably comparable to that during the marriage.
Spousal support is not guaranteed in every divorce and is typically considered when there is a significant income disparity between spouses. It is especially common in longer marriages or when one spouse has sacrificed career advancement for the sake of the family.
Spousal Support in Michigan
There are two primary types of spousal support for divorced or separated spouses in Michigan:
- Temporary Support (Pendente Lite) — paid during the divorce proceedings to help the lower-earning spouse manage basic expenses.
- Permanent Support — begins once the divorce is finalized and may be short-term, long-term, or indefinite.
Courts generally consider a combination of statutory guidelines and use discretion since there is no one-size-fits-all formula for spousal support calculations. The following are key considerations in most cases:
- Length of marriage
- Income
- Earning capacities
- Standard of living
- Contributions
- Age
- Health
- Assets
- Debts
- Children/custody
- Taxes
One of the most significant factors influencing the amount and duration of spousal support is the length of the marriage. Support may be ordered for half the duration of the marriage or continue indefinitely until the recipient remarries or becomes self-sufficient.
How Courts Calculate Spousal Support
The court will also evaluate what each spouse currently earns and what they could earn with their education, experience, and health. Spousal support is designed to maintain the lifestyle enjoyed during the marriage, including:
- Housing
- Vacations
- Entertainment
- Spending habits
- Luxuries
- General standard of comfort
- Stability
Courts take into account non-monetary contributions, such as sacrificing a career to raise children or supporting a spouse’s career. They will also consider homemaking and household management when calculating spousal support amounts. Consult a family lawyer to learn more.
Spousal Support Calculations and Tax Considerations
As of the Tax Cuts and Jobs Act of 2017, spousal support is no longer tax-deductible for the paying spouse. It is also not considered taxable income for the recipient. This change affects how courts approach spousal support orders and what is considered financially feasible for each party.
Warning Against Hiding Income
What if my spouse is hiding income? This is a common concern in contentious divorces. A spouse may attempt to underreport income, delay bonuses, transfer assets, or work for cash under the table. In these situations, a divorce attorney can bring in forensic accountants to ensure the final spousal support amount reflects reality.
Spousal support is not set in stone, and courts allow for modifications if there’s a significant change in circumstances, such as job loss, retirement, or remarriage. Revisit your order with an attorney if your life situation shifts dramatically.
Don’t Guess — Get Guidance
Spousal support can be an emotionally charged and financially impactful part of your divorce. Don’t leave it to guesswork or generic online spousal support calculators. Contact Richards Family Law to keep your interests protected and ensure the math adds up in your favor.
