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Is alimony automatic in Mich.?

Coldwater, MI |

This couple has been married for 17 yrs. and both husband and wife worked most of this time.

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Filed under: Alimony Family law
Attorney answers 4


Here are the factors a Court looks at in determining whether to award "Spousal Support," which is the technical term for Alimony in Michigan:
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 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 principles of equity.

Of these factors, some of the most important are the length of the marriage, and the Parties' respective incomes, and the ability of the Parties to work. Litigating a Spousal Support case can be extremely complex, so I would kindly but strongly recommend you retain a local-area Family Law Attorney to assist you. Warmest regards, Matt Catchick.


It is important to remember that the award of alimony (Spousal Support) is in the discretion of the individual judge. That is to say, it is not required by law that spousal support be awarded. This being the case, it is very important for the party seeking spousal support to have a strong advocate who can advance the factors enumerated in Mr. Catchick's response, as well as the equitable arguments that will persuade the judge. It is important to retain an experienced local family law attorney to assist. Good luck to you.

This comment is designed for general information only, and should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.


Not automatic.


I agree with the other answers given to your question. Spousal support is not automatic in Michigan. It is difficult to say whether spousal support would be appropriate without more information. As has already been alluded to, length of marriage, need, ability to work, fault, prior standard of living and level of income are the factors most likely to be considered when a judge decides whether spousal support is appropriate.

My answer should be construed as general information only, and it should not be considered legal advice. No attorney-client relationship with me has been created until I have signed a retainer agreement. Please contact my office at 586-268-2400 for a free initial consultation.