Unlike Child Support there is no specific formula for alimony. Notwithstanding, lawyers and judges have resources that serve as a Michigan Alimony Calculator.
For example, a Michigan Alimony Calculator can be based upon a percentage of the parties marriage for a duration equal to a percentage of years of marriage.
Another Michigan Alimony Calculator is based upon a percentage of the parties incomes and the length of the parties marriage and another calculator is based upon a computer program that recommends an award.
Michigan Alimony Calculator – the law?
The statutory authority for a court to issue a Michigan alimony award is found in MCL 552.23(1) and provides:
(1) Upon entry of a judgment of divorce or separate maintenance, if the estate and effects awarded to either party are insufficient for the suitable support and maintenance of either party and any children of the marriage who are committed to the care and custody of either party, the court may also award to either party the part of the real and personal estate of either party and spousal support out of the real and personal estate, to be paid to either party in gross or otherwise as the court considers just and reasonable, after considering the ability of either party to pay and the character and Isituation of the parties, and all the other circumstances of the case.
Michigan Compiled Laws section 552.23(1)
Michigan case law reveals a number of factors which have been considered in evaluating whether alimony should be awarded. These factors are the legal basis for calculating alimony in Michigan and include:
1. The past relations and conduct of the parties. Johnson v Johnson, Feldman v Feldman, Abadi v Abadi.
2. The length of the marriage. Abadi v Abadi.
3. The ability of the parties to work. Hoffman v Hoffman, Van Ommen v Van Ommen and Abadi, supra.
4. The source of and amount of property awarded to the parties. Pinchuk v Pinchuk, Schaffer v Schaffer and Abadi, supra.
5. The age of the parties. Johnson, supra, Abadi, supra.
6. The ability of the parties to pay alimony. Ross v Ross and Hoffman, supra.
7. The present situation of the parties. Johnson, supra, Hoffman, supra.
8. The needs of the parties. Abadi, supra.
9. The health of the parties. Johnson, supra and Abadi, supra.
10. The prior standard of living of the parties and whether either is responsible for the support of others. Johnson, supra.
11. General principles of equity. Stathas v Stathas and Hoffman, supra,Ross, supra.
The most accurate Michigan Alimony Calculator would require an analysis of all 11 factors set forth above. However, in calculating alimony, the primary factors utilized in most formulas include: a) The income of the parties; (b) the length of the parties marriage; (c) the age of the parties; and (d) the education of the parties. These “objective” factors are more suitable for a computer than “subjective” factors such as the prior standard of living of the parties.
As a general proposition, the duration of alimony after trial would be for a presumptive term because alimony is modifiable by statute. When cases are settled, a typical alimony term is 1/3 or 33% of the length of the marriage. As to the amount of alimony, an award rarely exceeds 20% of the difference of the parties incomes after taking into account the child support obligation.
Since each case is unique, we can help evaluate your Michigan Alimony Calculator applicable to your situation. Let it be our privilege to help you.
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Email:Daniel@Findlinglaw.com
I have been exclusively practicing divorce and family law in Michigan for over two decades. The Oakland County Divorce attorneys at Findling Law practice statewide. We share the core value of practicing law to help people navigate change in their lives, without compromising principles. We specialize in high socio-economic, high-profile and high-conflict cases, while also working with clients of all backgrounds. We recognize that the most important aspect of the practice of law is the application of the law to your specific circumstances.That is why we provide more free information on divorce and family law than any other Michigan law firm. We want to help you manage your situation. Allow our exceptional legal team to help you navigate the change in your life, without compromising principles.
By: Daniel Findling
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Alimony in Michigan – The needs of the parties.