Spousal Support in Michigan? Yes, and it is up to the judge!
Did you know that family court judges have total discretion to award or deny spousal support (alimony) in divorce cases? There is no formula as there is in child support calculations and decisions vary wildly from judge to judge even in the same jurisdiction? The law allowing alimony has factors for determining whether it is appropriate, but not an amount or length, and the discretion allowed the court is very significant. The factors in determining spousal support in Michigan are:
- Past Relations and Conduct of the Parties: A judge is allowed to look at the conduct of the parties. You need an attorney with experience to properly conduct this investigation and relay this information to a mediator or judge
- Length of the Marriage: many judges have different ideas on the length of marriage needed to trigger spousal support!
- Ability to Work: this is a factor that needs proper investigation and potential expert testimony
- Source and Amount of Property Awarded: this has to do with the other property awarded to the spouse seeking spousal support
- Ages of the Parties: this factor can dramatically affect the judge’s decision
- Ability to Pay: many times expert witness testimony is needed when closely-held family businesses are involved or there is a professional practice
- Present Situation of the Parties: proper investigation is needed to relay this to a mediator or judge
- The Needs of the Parties: What is a need and what is a want?
- Health of the Parties: this can play a huge part in the judge’s decision and needs to be considered at the start of the case
- Prior Standard of Living: in this economy this factor is being scrutinized heavily
- General Principles of Equity: this is an opportunity to experienced counsel to make your argument for fairness
Contact Attorney David Potts today for an analysis of your spousal support case: (248) 594-4999
Buy-Sell Agreements: Are they worth the paper they are written on when going through a divorce involving a professional practice?
Many times attorneys will assert that the Buy-Sell Agreement signed by all the partners or owners of a professional practice, whether they are attorneys, physicians, or real estate brokers, must be taken into account when conducting a business valuation. While they are certainly a starting point for negotiation, it is difficult to bind a spouse when they were not involved in the original contract.