Spousal Support Explained: Who Qualifies, How It Works, and What to Expect

Spousal Support Explained: Who Qualifies, How It Works, and What to Expect

Worried about your finances after divorce? You’re not alone. For many, the end of a marriage brings anxiety about how to make ends meet. You may have heard about spousal support as a way to stay financially stable—but is it an option for you? How much money could you expect to receive, and when would you receive it?  

Here’s the truth: there’s no one-size-fits-all answer. Spousal support is determined based on your unique situation, and the process of securing it can be complicated. That’s where we come in. At Lucido & Manzella, P.C., we’ve spent over 25 years helping Michigan residents navigate the complexities of family law. In this post, we’ll break down the essentials of spousal support, giving you the clarity you need to decide if it’s the right path for you.

What Is Spousal Support for?

Spousal support, also known as alimony or spousal maintenance, is designed to help a spouse who may not have the financial ability to support themselves after a divorce. It’s meant to provide temporary financial assistance until the recipient can become self-sufficient.

Who Can Get Spousal Support?

Not Just a Gendered Issue

Contrary to common misconceptions, spousal support isn’t exclusively awarded to women. Either party may request it, depending on financial need and ability to pay. Spousal support serves to bridge financial gaps and ensure fairness during and after a divorce.  

Factors Judges Consider

Michigan family courts consider several factors when determining spousal support eligibility. Key considerations include:

• Length of the marriage  

Longer marriages generally increase someone’s eligibility. For example, a spouse in a 20-year marriage, where one partner stayed home to care for children, may have a stronger case than someone from a short-term, 2-year marriage.  

• The ability of each party to work  

Courts examine the earning potential of both parties. If one spouse has limited job skills or hasn’t worked in years, this greatly impacts eligibility.  

• Division of property during the divorce  

If the marital property is primarily non-liquid (e.g., real estate or retirement accounts), spousal support might be necessary to cover day-to-day expenses.  

• Standard of living during the marriage  

Courts may aim to maintain a certain quality of life post-divorce, ensuring it’s not a drastic downgrade for one party while the other continues enjoying their previous lifestyle.  

• Contributions to the joint estate  

This can also include non-monetary contributions, such as raising children or supporting a spouse while they pursue education or career advancement.  

• Health and age  

Older individuals or those with health issues that hinder their ability to work are more likely to receive support.  

• Other circumstances  

For instance, if one spouse is cohabitating with someone else, this could reduce their financial need.  

Determining eligibility can be deeply nuanced. A competent divorce attorney can advocate for your needs, ensuring every relevant detail is brought to the court’s attention while protecting your rights.  

How Is Spousal Support Calculated?

One of the most challenging aspects of spousal support is that, unlike child support, there’s no standardized formula in Michigan. Instead, judges use discretion, weighing factors like income disparity, future earning capacity, and overall financial need.  

Legal representation is crucial in this context, as experienced attorneys can outline fair support expectations based on established precedents and specific case details.  

When Will You Get Your Spousal Support?

Spousal support payments can be arranged in various ways, depending on the specific circumstances of your case.

• Periodic payments  

The most common type of spousal support, periodic payments, involves regular monthly or annual installments. Short-term support may be provided in cases where one spouse is transitioning back into the workforce or completing education. For long-term marriages, payments might continue for many years.  

• Lump sum payments  

Occasionally, spousal support is awarded as a one-time, upfront payment. This approach prevents ongoing financial ties between former partners.  

Even after the court’s decision, spousal support arrangements can often be updated if circumstances significantly change (e.g., job loss, health issues, remarriage).  

Why You Should Consult a Divorce Attorney

Handling spousal support on your own can be overwhelming. Working with an attorney provides the experience needed to negotiate and secure a fair agreement. Here’s how a family-focused law firm can assist you:

• Personalized legal guidance  

Divorce attorneys assess your unique situation to help determine if pursuing spousal support is a viable option.  

• Clear and accurate documentation  

They ensure all financial documents and legal arguments are prepared and presented effectively, minimizing errors and costly mistakes.  

• Strong advocacy in negotiations and court  

If an amicable settlement isn’t possible, divorce attorneys represent your interests in court to work toward a favorable outcome.

Chart Your Path to Financial Stability Post-Divorce

Spousal support can often make the difference between starting fresh with stability or struggling post-divorce. While no two cases are alike, understanding your rights and options is critical in securing a fair outcome.  

If you’re facing divorce and uncertain about your eligibility for spousal support, the experienced divorce attorneys at Lucido & Manzella, P.C. are here to help. With over 25 years of experience serving clients throughout Michigan, we bring clarity and confidence to every stage of the legal process.  

Contact us today and take the first step toward securing your financial future.