How is Spousal Support determined?


In a divorce how is your right to spousal support decided and how much?

“Trial courts are authorized in a divorce proceeding to award to either party an amount for the suitable support and maintenance of the other party that the court “deem[s] proper and necessary,” MCL 552.13(1), or “considers just and reasonable, after considering the ability of either party to pay and the character and situation of the parties . . . .” MCL 552.23(1). 

If you have additional questions contact Flint Divorce Attorney Terry Bankert at  810-235-1970 or http://www.attorneybankert.com.

“The object in awarding spousal support is to balance the incomes and needs of the parties so that neither will be impoverished; spousal support is to be based on what is just and reasonable under the circumstances of the case.” Berger, 277 Mich App at 726. There is no strict formula to determine whether an award of spousal support is just and reasonable under the circumstances of a given case. See Loutts, 298 Mich App at 30; Myland, 290 Mich App at 699-700 (“we must emphasize that there is no room for the application of any rigid and arbitrary formulas when determining the appropriate amount of spousal support”). ”
The “…Court has recognized 14 factors that trial court’s may consider when awarding spousal support: 

(a) the past relations and conduct of the parties; 

(b) the length of the marriage; 

(c) the abilities of the parties to work;

 (d) the source and amount of property awarded to the parties; 

(e) the parties’ ages; 

(f) the abilities of the parties to pay spousal support; 

(g) the present situation of the parties;

 (h) the needs of the parties; 

(i) the parties’ health; 

(j) the prior standard of living of the parties and whether either is responsible for the support of others; 

(k) contributions of the parties to the joint estate; 

(l) a party’s fault in causing the divorce; 

(m) the effect of cohabitation on a party’s financial status; and 

(n) general principles of equity. See Loutts, 298 Mich App at 31, quoting Myland, 290 Mich App at 695, quoting Olson v Olson, 256 Mich App 619, 631; 671 NW2d 64 (2003).”
There is software that calculates spousal support but is not binding on the court but may be reviewed. @TerryBankert.810-235-1970

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