When parents of minor children divorce, child support isn’t an option. Both parents have a legal responsibility to provide for their child’s needs. To that end, Michigan courts use a formula to calculate the amount parents must pay in child support based upon the child’s needs, each parent’s ability to pay and how much time each parent spends living with the child.
Spousal support does not work that way. Many divorces conclude without any spousal support obligation, and many more are negotiated by the parties themselves with minimum involvement from the court.
When is spousal support needed?
In a Michigan divorce, the parties must divide their marital property in a way that meets standards of fairness under state law. However, if one spouse earns much more than the other spouse, even a generous division of property can leave the lesser-earning spouse at an unfair financial disadvantage.
In one fairly typical scenario, one spouse gives up a career in order to raise the couple’s children while the other spouse continues to pursue a lucrative career. When they divorce, the working spouse can continue earning their sizeable salary, but the other must find a job after being out of the workforce for some time. Spousal support can provide this spouse with income.
Spousal support obligations are often temporary or tied to a specific goal. For instance, if the low-income spouse needs to complete their education in order to find suitable employment, the spousal support order may expire six months after their graduation.
Who decides?
In many cases, the parties decide on spousal support as part of their divorce settlement. In other cases, they leave it up to the court to decide the questions of whether to award spousal support.
When courts decide, they consider a long list of factors, including:
- Duration of the marriage: The longer the marriage, the more likely a court will award spousal support.
- Ages of the spouses: If one spouse is retired, a court is less likely to order them to pay support.
- Standard of living during the marriage: The goal is to allow the lower income spouse to enjoy something close to the standard of living they enjoyed during the marriage.
- Income, resources and earning potential of each spouse: A support order is more likely if one spouse is unable to work because of disability or family responsibilities.
Because there is no set formula for spousal support, no two cases are exactly alike. Those who are just starting the divorce process can talk to professionals to learn how spousal support might apply to the facts of their case.