Allison Sleight reveals a quick method to estimate spousal support using income differences and marriage length.
Connie Thacker and Allison Slate, experienced family law attorneys, host this episode to explain spousal support in Michigan. They clarify that Michigan is an alimony state where the terms "spousal support" and "alimony" are interchangeable. The hosts aim to provide practical, transparent legal information for their audience.
The court considers numerous factors, including the length of the marriage, the parties' ages and health, their ability to work, and their prior standard of living. Fault, such as an affair or a gambling addiction that dissipated marital assets, can also influence an award. Unlike child support, there is no single statutory formula for calculating spousal support amounts. A common rule of thumb in Michigan courts is for support to last approximately one-third the length of the marriage. Attorneys use computer programs that factor in education, age, and income, but judges may deviate from this output based on lifestyle details. The hosts provide a simplified calculation example: for a 12-year marriage with a $100,000 and $50,000 income disparity, the annual support could be around $6,000, or $500 monthly. A significant tax change occurred after December 31, 2018, eliminating the deduction for the payor and the taxable income for the recipient. Spousal support is generally modifiable by the court unless the parties specifically negotiate a non-modifiable agreement themselves. Parties can agree to "alimony in gross," a lump-sum payment that buys out the ongoing support obligation using assets like 401(k) funds or home equity.
A surprising insight is that some judges do not automatically terminate spousal support upon the recipient's remarriage, viewing it only as a chance to review the arrangement. The "friend of the court" is a state entity that can enforce payments, but parties can opt out and pursue private collection. Modifying support requires a trial-like hearing with witnesses and financial evidence, which is a significant undertaking. Spousal support, like child support, cannot be discharged in a bankruptcy proceeding. The hosts reveal they also own a collection agency to help clients recover unpaid support and property settlements. They note that "gray divorce" cases involving parties near retirement add further complexity to determining amounts and duration.
The tone is educational and conversational, with the hosts speaking candidly as practicing attorneys. The style is practical and advisory, using clear examples to demystify legal processes.
This episode is ideal for Michigan residents contemplating or navigating a divorce who seek a straightforward explanation of alimony factors and laws. Listeners seeking dramatic personal stories or debates on the ethics of alimony might find this purely informational episode less engaging.
