Recent Publications

Alimony

When is spousal support (alimony) awarded?
Alimony, now called spousal support, is a sum of money usually paid by one spouse to another spouse for their support and maintenance. The factors considered by the Court are:

  1. The past relations and conduct of the parties.
  2. The length of the marriage.
  3. The ability of the parties to work.
  4. The source and amount of property awarded to the parties.
  5. The ability of the parties to pay alimony.
  6. The present situation of the parties.
  7. The needs of the parties.
  8. The health of the parties.
  9. The prior standard of living of the parties and whether either is responsible for the support of others.

Alimony Guidelines: In Ingham County, judges have adopted the Washtenaw County Alimony Guidelines. Unlike the Child Support Guidelines, these are not mandatory, but are only utilized for purposes of negotiation. However, your attorney can run those for you, and it will give you some idea what is possible in terms of payment or receipt of alimony. Clinton County utilizes a different guideline, which is called the Prognosticator. Again, we can provide you with a copy of that guideline so that you have some idea what to except with alimony. Eaton County does not utilize either.
Alimony or spousal support is taxable to the recipient and is deductible by the payor. The phrase "payment until death" must be part of the alimony clause if it is to be considered as taxable alimony.