Legal Question in Family Law in Michigan

I live in mich. Been married for 37 yr. my husband gets ssi disability.I dont have a job.Does he have to pay alimony?


Asked on 7/08/11, 1:44 pm

1 Answer from Attorneys

Audra Arndt Audra A. Arndt & Associates, PLLC

a court's award or refusal to award alimony is based on several factors, such as the parties' history of employment, length of marriage, respective incomes, and each party's ability to work. For example, if you had a degree in teaching or nursing and could get a job, then the court may award spousal support (alimony) on a temporary or short term basis, versus several years. There are generally some kind of restrictions or conditions placed on alimony, such as time limits, increases or decreases (either based on a change in a party's income or just for standard, economic reasons), whether you remarry or begin cohabitating with someone (then it usually ceases), or if your annual income exceeds a certain amount. Based on just the few facts you told me, you may have a good chance of getting some form of spousal support. There is a formula that Michigan uses that is based on several factors, and a Judge has discretion to deviate from the recommended amount based on the particular facts of your case. I'd strongly suggest you retain a lawyer to assist you with your divorce, as you do not want to get screwed out of alimony, as it is difficult to modify it after the judgment is entered (and oftentimes it is non-modifiable, if so specified in the judgment, or only modifiable in specific circumstances). Thus, you want to do it right the first time.

Also, it is not uncommon for a male going through a divorce to intentionally decrease his income with the hope of paying less alimony or child support. However, if you can prove that he intentionally reduced his income, the court will do what's called "imputation of income", wherein they run the calculations based on what he was making, or could be making, and not what he's actually making now - even in today's economy.

If you'd like to schedule a consultation and/or retain me to either provide you with some case-specific advise or represent you in your divorce, please feel free to contact me - email is fine.

Good luck.

Thank you.

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Answered on 7/08/11, 10:17 pm


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