One of the main topics in a divorce proceeding that you need to prepare for properly is the concept of spousal support. Everybody is always ready and willing to pay child support, especially for their children. However, conflicts may arise when the parties are unwilling to pay any of the spousal support.
There are several reasons why this could happen and we will get to it in the succeeding sections. For now, this article aims to answer all of the questions that you want to ask before a divorce proceeding but you may be too afraid to ask.
Why Am I Unwilling To Pay Spousal Support?
For one reason or another, you may be unwilling to pay spousal support. Based on the hundreds of cases that we have handled, this may be due to several reasons:
Your spouse is the party at fault.
One of the most obvious reasons why some people do not want to pay spousal support is because they may not be the spouse at fault. Since the state of Michigan is a no-fault state which means that there is no need to prove fault from either party for the divorce to be approved by the court, spousal support may even lean towards the party at fault.
Of course, if you have been the person who had been cheated on and left by your spouse even if you were able to pay spousal support, you would rather not.
What do you do?
Spousal support is one of the things that you may fight for in open court. People would often choose to go to open court and discuss the details of their married life than to just allow the cheating spouse to get spousal support, and this is understandable.
Hence, if you do not want to pay spousal support, or you want to pay as little as possible, you need to get the case in front of a judge. Here, you would need a good lawyer to help you out. You need someone on your side to fight for you. After all, the costs of litigation may be nothing compared to the pain and misery that your cheating spouse has caused you.
You are financially unable to.
In some instances getting a divorce means that you are also no longer in a good financial place because you have to adjust to living independently, without the income of your spouse or the services that you get for the household.
You may not be too keen on paying spousal support if you are not financially able to.
What do you do?
You can open up the issue of spousal support and your financial ability in open court. This is the best way to fight for your case, by opening up the issue.
You do not want to do anything with your ex-spouse.
Let us be honest, if you are getting divorced and you are not the party at fault or because the marriage has broken down so badly that you do not want to do anything with your ex-spouse, dealing with spousal support is not what you want.
With this problem, you should keep in mind that there could always be ways for you to have a third-party deal with your spouse when receiving the alimony payments. But of course, you also have to open up the issue in open court.
Is there just one type of spousal support?
There are different kinds of spousal support but they all mean the same thing – you have to pay your former spouse with a chunk of your hard-earned money.
Alimony in Gross
There is alimony in gross. Alimony in gross means property division that is payable through either a lump-sum award or through fixed periodic payments. Generally, this kind of spousal support is what should be granted to you when you do not ever want to deal with your ex-spouse regularly.
The disadvantage of this kind of spousal support is the fact that it is non-modifiable and may only be changed upon the death of the recipient.
Permanent Spousal Support
Also known as long-term spousal support, this is awarded when there is a great difference in the earning power of the spouses or when one of the spouses is disabled. The permanent spousal support may end when the contingency rises such as when the parties retire and become eligible for their social security benefits.
Shorter-term Rehabilitative Spousal Support
There is also the shorter-term rehabilitative spousal support that aims to allow the payee spouse to be independent. There is a payment of this alimony until the payee spouse becomes self-sufficient. To end this kind of alimony, a condition must be complied with.
Can I date even if I am receiving alimony?
If it is the other way around and you are receiving alimony, you may still date. However, getting married is considered a condition that may put an end to your alimony payments so you should consider that.
I am not the party at fault, why should I pay spousal support?
As we have discussed above, Michigan is a no-fault state which means that attribution of fault to the breakdown of the marriage is not necessary.
However, the party at fault may still be punished by the court since the attitude of the parties at the time of the marriage is part of the factors that determine the amount of alimony.
I am paying alimony and child support. Can I just pay one without the other when I am unable to?
No, the support payments must be paid when they are due and demandable. If your economic realities have changed and you need to cut back on the support payments, you may go to court to get the spousal support order modified.
Let Haque Legal Help You With Your Spousal Support Needs
Now that you know some facts about spousal support, it is time to get down to it. If you require a lawyer who can assist you with ensuring that you get spousal support in Michigan, or if you want to get legal help on modifying the spousal support order, it is important to know that you also have a team that can help you out with your specific needs. Our Southfield spousal support lawyers are dedicated to making sure that those who are innocent will be protected by the law and the full extent of justice will be used.
The article that you have read is based on general applications of the law. It is not legal advice and it is not to be construed as any legal consultation with the firm. No client-attorney relationship is created when you read the articles we have provided.
Let us help you out.
If you need a Southfield divorce lawyer to help you with your spousal support proceedings, call us immediately. If you have any problem with the law or are seeking justice and truth, our numbers are standing by to take your call.