Spousal Maintenance
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Maintenance, also known as alimony or spousal support, is designed to provide a means for each party in a divorce to maintain a similar economic lifestyle to that achieved within the marriage. In determining the amount of maintenance to be awarded, the Washington Court may examine the need of the party requesting alimony as well as the ability of the giving party.
Maintenance can be considered rehabilitative, giving a disadvantaged spouse income while he or she gets back into the workforce; or compensatory, when a person has supported a spouse through professional school in the mutual expectation of future financial benefit to the community, but the marriage ends before that benefit can be realized. In this case, the supporting spouse may be compensated through a division of property and liabilities. When the assets of the parties are insufficient to permit compensation to be effected entirely through property division, a supplemental award of maintenance is appropriate.
The two primary issues in a case involving maintenance, is how much, and for how long. There are many factors that go into the determination of these issues.
How Is Spousal Support Determined?
Unlike child support, which is mandated by statute, spousal support is not required after a divorce. Also, spousal support is not determined using a strict mathematical formula. However, the court does consider a number of factors such as:
How long the couple has been married
The education level of each spouse
Incomes and earning capabilities of each spouse
Disparity of income between spouses
Health and disabilities
Ability of a spouse to pay spousal support
Needs of the parties
In Michigan, there is no specific mathematical formula for determining whether or not spousal support should be awarded. Additionally, there is no specific mathematical formula for determining the amount of spousal support that should be awarded. Finally, there is no specific mathematical formula for determining the length of time that spousal support should be awarded. In Michigan, each case for spousal support is dependant upon the unique factors of the case and the judge assigned to the case.
Contact Us
For more information about spousal maintenance, please contact our lawyers at 1 (313) 982-0010 today. We offer free and confidential consultations.
Spousal Support
Some factors the court may consider when determining whether to award alimony or spousal support are the following:
- Lenght of the marriage
- Age of the parties
- Health of the parties
- Contribution to the marriage
- Past relations and or conduct of the parties (fault)
- The ability of each party to work and their respective incomes
- The ability of a party to pay spousal support
- Need for support
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