In Michigan, spousal support, or alimony, is awarded during a divorce based on the financial circumstances of both parties at the time. However, as life circumstances change, one or both ex-spouses may wish to alter the arrangement. Whether a modification is possible depends on the terms set in the original alimony award and the specific circumstances of the parties.
In Michigan, the courts have discretion to modify an alimony award if found to be “necessary and justified.” The party seeking the modification must demonstrate a substantial change in circumstances since the original order was issued. For example, one spouse might have obtained a better job, received an inheritance or started collecting disability or retirement benefits. The court will consider all relevant factors raised by the parties that might affect their needs and resources.
Among the factors that may weighed is the receiving spouse’s cohabitation with another romantic partner. This can lead to a reduction or cessation of alimony if the new partner contributes significantly to the recipient’s financial support. The receiving spouse’s remarriage usually terminates the alimony obligation.
However, divorced spouses may have entered agreements that make alimony non-modifiable or modifiable only in limited situations. An alimony agreement might specify that the amount is fixed and cannot be changed. even if the payer’s income decreases or the recipient’s financial situation improves. Some agreements may allow for changes if the payer suffers a significant loss of income or has a health condition that affects their ability to work. Or the payer might be allowed to seek a reduction in payments if the recipient’s financial situation improves, such as by obtaining a new job, receiving an inheritance, or moving to an area with a lower cost of living. The agreement also might include provisions about the effect of remarriage or cohabitation on the alimony obligation.
Ultimately, the burden of proving that a change in alimony is necessary and justified falls on the party seeking the modification. This party must demonstrate to the court how the new circumstances differ substantially from those at the time of the original award. An experienced Michigan spousal support attorney can assess your situation and present the strongest case possible for pursuing or contesting a modification.
If you are currently paying or receiving alimony and have experienced a change in circumstances that you believe warrant a modification of payments, Dawson Family Law, PLLC in Troy, Michigan can evaluate your case and represent you in the court procedure. To set up a free initial consultation, please call 586-514-0084 or contact us online.
