How do the courts determine if a wife is awarded spousal support?

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How do the courts determine if a wife is awarded spousal support?

The situation is we both work. I currently am working a temp job through a temp agency and she works for a hospital. I moved out; we were renting an apartment. I told her that she could stay and I would move or vise versa. She stated that she wanted to stay. I am now living with relatives. We purchased a used car in 2009 and I also told her that she could have that. All I took from the property is my clothes and personal papers. I also took the final utility bills and paid them off. Now she is asking for spousal support and we make about the same (I may even make less).

Asked on March 19, 2011 under Family Law, Michigan

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

In MI, spousal support laws provide that certain factors be taken into consideration by the court when determining whether an award should be granted.  The factors to be considered are:

  1. The past relations and conduct of the parties.
  2. The length of the marriage.
  3. The ability of the parties to work.
  4. The source and amount of the property awarded to the parties.
  5. The age of the parties.
  6. The ability of the parties to pay alimony.
  7. The present situation of the parties.
  8. The needs of the parties.
  9. The health of the parties.
  10. The prior standard of living of the parties and whether either is responsible for the support of others.
  11. General principals of equity.

In MI, there is no specific mathematical formula for determining whether or not spousal support should be awarded.  Additionally, if it is granted, there is no specific formula for determining the amount of support or the length of time that such support should be awarded.  Each situation is decided on a case-by-case basis.

Note:  Some people believe that spousal support can only be awarded to women.  That is not the case.  If the above factors are met, spousal support can be awarded to either party. 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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