In the event of a divorce, if either spouse does not have a separate estate, or if a spouse's assets are not sufficient to offer a means of support, a judge might order alimony, which is also known as spousal support in Michigan. Alimony is usually a monthly financial allowance paid by one spouse to another. The purpose of alimony in Michigan is to balance the incomes and needs of the spouses in a way that will sufficiently support each party. For a summary of divorce law in Michigan, go to divorcesource.com.

To be eligible for alimony, spouses in all states, including Michigan, must have been legally married. Alimony is usually based on a settlement agreement made between the spouses or the discretion of a judge. Michigan courts will order alimony if it is considered just and reasonable. Michigan courts reserve the right to modify spousal support, unless the divorce judgment declares that the alimony is permanent and non-modifiable.

There are several justifications in Michigan that allow for the termination of spousal support, including the following: remarriage; cohabitation; fraud, duress, and mutual mistake; and a change in a spouse's ability to pay. Remarriage and cohabitation, however, are not grounds in and of themselves to terminate an order for spousal support, unless the divorce judgment specifically provides for it. Fraud, duress, and mutual mistake are the only indisputable grounds for setting aside a consent judgment of support.

A change in the ability to pay is relevant to determining an increase or decrease in spousal support, but it is not the only criteria. A change of circumstances justifying termination must result in a diminished income, not just an income from a different source or in a different form. Michigan law also provides for “alimony in gross,” which is only modifiable in the cases of fraud, mistake, excusable neglect, or other grounds for relief from judgment.

According to lawyers.com, Michigan law recommends that courts consider the following factors when awarding alimony:

• The ability of either party to pay
• The character and situation of the parties
• The past relations and conduct of the parties
• The length of the marriage
• The ability of the parties to work
• The ages, needs, and health of the parties
• The fault of either party in causing the divorce

In the United States, alimony is treated differently tax wise from child support payments. In Michigan, alimony is deductible for the person who pays it and taxable income for the person who receives it under the rules of the Internal Revenue Service, while child support is not. This can make alimony a tax advantage for the person who pays it and has prompted the federal government to create “hurdle tests” to differentiate between alimony, child support, and property settlement. 

In the past, most alimony awards were made to homemakers who needed the support from their former husbands. However, since current marriages often consist of two wage earners, and more men are assuming child-rearing duties, alimony awards have changed. It is no longer unusual for an ex-wife to be compelled to make alimony payments to her ex-husband. For the complete text of divorce and spousal support law in Michigan, go to Michigan.gov.