Skip to main content

What's the chance I pay spousal support?

Lansing, MI |

We are both residents of Michigan, both are young healthy grad school students. no previous marriage, no child. I have an annual income of 20k, my husband has 0. We have been married for 3 yrs. In the no fault divorce case, what is the chance I have to pay Spousal Support to him?
What's the chance I have to pay Spousal Support to him if we divorce after I change my job and have an annual income of $100k? If I do need to pay, what's the amount approximately? and for how long?
Thank you for any advice.

+ Read More

Attorney answers 2

Best Answer

Spousal support is based on a number of factors and two big ones are ages of the parties and length of marriage. This is a VERY weak spousal support case. I would rather argue your side than his.


I agree with Ezra and Daniel's opinion that this would be a weak case for spousal support if requested by your husband. However, his argument for spousal support gets better the more years you are married and are the sole provider of the marriage and particularly, if your income substantially increases. Another factor to consider is the ability of a party to pay support. It is unlikely that at an annual income of 20k would give you enough income to support yourself and an ex-spouse. However, depending on where you are in Michigan, 100k is an income that could provide for two separate households and therefor, a Court may find an 'ability' to pay support with this income. Again, other factors can play into this, like the duration of the marriage, the overall distribution of marital property and spouse's education level. There is a guideline that has been developed which many Michigan courts use to calculate a figure when spousal support as been requested. Not all Courts follow the result and may use it only as a 'guide.' An experienced family law attorney can assist and weigh the facts that go into a potential spousal support claim.

This comment provides general information and is not meant to be legal advice as there are many facts that are not considered in your question nor is there a way to fully explore your case in detail without more facts and details. Please consult at attorney for legal advice suitable for your individual facts.