How Can I Argue for a Fair Alimony Outcome?

Question from John, How Can I Argue for a Fair Alimony Outcome?

Answer from AI:

When you’re facing a divorce in Michigan and alimony (also known as spousal support) is a point of contention, particularly when one spouse is capable of working but chooses not to, there are several factors you should consider. It’s important to understand that alimony is not a given in every divorce case; it is awarded based on a variety of factors intended to ensure fairness and equity between the divorcing parties.

Understanding Michigan Alimony Laws

In Michigan, alimony is determined by considering a number of factors outlined in the Michigan Compiled Laws (MCL 552.23(1) and MCL 552.13). These 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 prior standard of living of the parties and whether either is responsible for the support of others.
• Contributions of the parties to the joint estate.
• A party’s fault in causing the divorce.
• How cohabitation affects a party’s financial status.
• General principles of equity.

Arguing for a Fair Alimony Outcome

To argue for a fair alimony outcome when your wife refuses to work but volunteers near full-time, consider the following steps:

1. Gather Evidence: Collect documentation that shows your spouse’s ability to work, such as educational background, previous work experience, and any job offers or opportunities she may have declined.
2. Highlight Volunteer Work: Present evidence of her volunteer work, including the hours she commits and the nature of the work, to demonstrate her capability to maintain employment.
3. Assess Financial Needs: Provide a detailed account of both parties’ financial needs and resources, including your own ability to pay alimony and her potential earning capacity.
4. Consider the Length of the Marriage: The duration of the marriage can significantly impact alimony decisions. A shorter marriage may result in a lower alimony award or a shorter duration of payments.
5. Seek Vocational Evaluation: Request a vocational assessment to establish what kind of employment your wife is qualified for and what income level she could achieve.
6. Propose Alternatives: Suggest alternative resolutions, such as a one-time lump-sum payment or a graduated alimony plan that decreases over time as she gains employment.
7. Consult with an Attorney: A family law attorney can provide personalized advice and help you build a strong case for a fair alimony arrangement.

When to Seek Legal Advice

It’s crucial to consult with a legal professional for personalized advice, as each divorce case is unique. An attorney can help you navigate the complexities of the law, represent your interests in court, and ensure that all relevant factors are presented effectively.

Additional Resources

For more information on Michigan’s alimony laws, you can refer to the Michigan Compiled Laws. Additionally, the Michigan Courts’ Self-Help Center offers resources and forms for those going through a divorce.

Remember, while this information can guide you in understanding the process and preparing your arguments, it is not a substitute for legal advice tailored to your specific situation.