Consider alimony/spousal support

Did you know the primary purpose of #spousalsupport , also known as #alimony, is to balance the incomes and needs of the parties in a way that will not impoverish either party on the basis of what is just and reasonable under the circumstances of the case. Myland v Myland, 290 Mich App 691, 695; 804 NW2d 124, 127 (2010)

Needs are also determined in several other ways.

  • Your ages
  • Your income
  • Your health
  • Your life style
  • Your obligation to children and others
  • The length of the marriage 
  • Your special needs

For information about your case in Genesee County , #Flint and surrounding areas I will help you. Contact Terry Bankert 810-235-1970 .

The court will look to income averaging the longer the marriage. (Trb)

Parties may agree on an award of spousal support in an enforceable antenuptial, postnuptial, or settlement agreement. 

See e.g., MCL 557.28 (addressing antenuptial agreements); 

Rockwell v Estate of Rockwell, 24 Mich App 593, 180 NW2d 498 (1970) (regarding postnuptial agreements); 

Staple v Staple, 241 Mich App 562; 616 NW2d 219 (2000) (related to the parties’ agreement regarding spousal support). 

A party may also request spousal support in an action for divorce, in which case the party “must allege facts sufficient to show a need for such support and that the other party is able to pay.” MCR 3.206(A)(6). 

If spousal support is contested, on stipulation of the parties, a court can refer the issue to nonbinding domestic relations mediation, MCR 3.216 (C)(1), or to some other agreed-upon settlement procedure, MCR 3.216(A)(4). 

In addition, when the property award is insufficient to provide for the suitable support of a party and any children committed to him or her, the court has the discretion to award spousal support to that party after considering all of the circumstances of that particular case. MCL 552.23(1).(ejournal #64927) @terrybankert

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