Joseph P. Ciaramitaro Divorce Law Blog on Lawyers.com

Family law reform and spousal support

An enduring aspect of many divorces is the payment of spousal support.  The older term for spousal support was alimony—from the Latin alere, to nourish, and monia, referring to an action or state.  In practical terms, spousal support orders require monthly or periodic payments made by one ex-spouse to another, often for years—and in some cases, for life.

Spousal support in Michigan is often ordered to address inequities in earning capacity between divorcing marriage partners.  Spousal support is more likely to be awarded after a longer-term marriage and when one spouse does not have the wage earning ability of the other.  In Macomb County, or throughout Michigan, one of the first tasks of a divorce lawyer is the calculation of child and spousal support obligations.

A July New York Times article notes former spouses pay upwards of $9 billion per year in the United States for spousal support.  In recent years, trends in the economy and in the law have started to question the viability—even the necessity—of providing spousal support upon divorce. Massachusetts, Ohio, Pennsylvania, and Oklahoma have considered changes to spousal support awards.

In Michigan, points about spousal support awards including the following:

• A number of factors bear on the award of spousal support including length of marriage, age, health, earning capacity, present and future situation, and ability of the other party to pay spousal support.
• Calculation of the amount and duration of support takes into account age, health, earning ability, contributions to marital estate, and circumstance and need.
  Rehabilitative support is awarded as a temporary assist to help a dependent spouse transition toward self-sufficiency.
• Permanent support is considered after a long-term marriage where the dependent partner has few or no marketable skills and little likelihood of obtaining sufficient employment.
• Spousal support is often terminated upon cohabitation, or marriage, of the dependent partner with another individual.

At present, those paying spousal support are overwhelmingly men.  Even with greater numbers of women in the workforce, it remains true that primary caregivers of minor children are usually women.  The sacrifice of career-building years in the action of nourishing children remains compensable under Michigan law, and at the discretion of its courts.

Contact us

If you are considering divorce, or if you have questions about family law in eastern Michigan, get experienced advice from a Macomb County divorce lawyer to help consider your options—and your future.

The Law Offices of Joseph P. Ciaramitaro, P.C.42850 Garfield
Suite 104
Clinton Township, Michigan 48038
586.630.5761