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I have been maried for three years and my soon to be ex wife is asking for alimony, can she get it? (she does work)

she is the one that wants the divorce.
I gross in a year $75,000
She grosses in a year $40,000
we do have two kids ages 5 and 16 months

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Attorney answers (1)

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Disclaimer: This post is not intended to constitute specific legal advice and does not create an attorney-client relationship. Alimony is negotiable in Michigan; unlike child support, which is formula-driven, alimony depends on various "guidelines". In your case, although your income disparity is a significant factor, the marriage was very short. Guidelines would not strongly recommend any spousal support; if alimony was recommended, it would be for a very short-term.

The fact that she is the plaintiff and initiated the divorce proceedings does not matter.

Another approach to her alimony request would be bargain with other assets in the marital estate and consider paying her a nominal amount as "alimony-in-gross". This should be considered to be part of the property settlement in your case.

Finally, in the event that alimony is awarded, it will be tax-deductible for the payor and taxable income for the payee.

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