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Spousal Support/Alimony

Spousal support/alimony, in our experience, is probably the most contentious issue in a divorce case. No one wants to pay anyone spousal support/alimony but it might be important for one spouse to receive it. Spousal support/alimony is based largely on income of the parties and the length of marriage.

Spousal support/alimony calculations are based on several factors. Unlike child support, there is no statutory formula to calculate spousal support/alimony although there are programs which attempt to calculate an appropriate award based on several common law factors. The court is required to weigh all the factors if deciding what is an appropriate award. Said factors include:

  • The past relations and conduct of the parties
  • The length of the marriage
  • The ability of the parties to work
  • The source and amount of property awarded to the parties
  • The age of the parties
  • The ability of the parties to pay alimony
  • The present situation of the parties
  • The needs of the parties
  • The health of the parties
  • The parties’ prior standard of living and whether either is responsible for the support of others

Spousal support can be temporary (a term of years), be modifiable over that time or permanent. If temporary, the court order may include provisions for renewal or support may end altogether at a predetermined date. Trust in Rochester, Oakland County attorney Daniel Marchese to guide you through the process and get the results that you desire or are entitled to achieve.

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