Spousal Support in Michigan and Indiana
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1. If the spouse has very limited mental capacity to the extent that the spouse’s ability to support himself or herself is materially affected; or
2. If the spouse claiming maintenance is the primary custodial parent for the parties’ child(ren), whose needs requires the spouse to forego employment to take care of the child(ren), and, that spouse has a financial need for additional financing above what child support provides; or
3. Establishing that all of the following factors are relevant to the case:
(a) the educational level of each spouse at the time of marriage and at the time the action is commenced;
(b) whether an interruption in the education, training, or employment of a spouse who is seeking maintenance occurred during the marriage as a result of homemaking or child care responsibilities, or both;
(c) the earning capacity of each spouse, including educational background, training, employment skills, work experience, and length of presence in or absence from the job market; and
(d) the time and expense necessary to acquire sufficient education or training to enable the spouse who is seeking maintenance to find appropriate employment.
Michigan is much more liberal with spousal support. In Michigan, there are fourteen factors the court will consider in awarding spousal support:
- Parties’ past relations and conduct
- Length of the marriage.
- Parties’ ability to work.
- Source and amount of property awarded to the parties.
- Parties’ ages.
- Ability to pay spousal support.
- Parties present situation.
- Parties needs.
- Parties’ health.
- Prior standard of living of the parties and whether the parties support others.
- Parties’ contributions to the joint estate.
- A party’s fault in causing the divorce.
- How cohabitation affects a party’s financial status.
- General principles of equity.
At the LaBre Law Office, we’re licensed in Michigan and Indiana. We can explain the nuances between Michigan and Indiana law and help you plan your divorce. Please give us a call if you think we can help you with your case.