Divorce Lawyers in Ingham County

Under what circumstances would I not be entitled to receive alimony in the State of Michigan?

Alimony is generally awarded to one spouse when the division of the estate and assets is “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” [Source: Michigan Revised Statute of 1846 Section 552.23]. For instance, let’s say you chose to stay at home and manage your household while your spouse pursued his or her career and served as the financial provider for the family during your marriage. Given the circumstances, you would likely be entitled to receive alimony, or spousal support, if you two divorced and you were able to prove that you were financially dependent on your spouse and need the support.

While alimony can be quite beneficial for a divorcee to receive as it can help them get on their feet after the divorce has been finalized, it isn’t awarded in every case. In fact, there are circumstances that could prevent you from receiving this money. If you are planning on filing for divorce in Ingham County, Michigan and are considering requesting alimony from your spouse, you should discuss with a MI alimony lawyer whether you would be a potential candidate to receive this type of financial support.

In the meantime, we do encourage you to read through the information provided below that addresses when a spouse may not be entitled to collect alimony after his or her divorce.

When might a spouse not be eligible for alimony in Ingham County, Michigan?

1. You and your spouse signed a prenuptial agreement at the beginning of your marriage that excluded either spouse from collecting alimony. Although this clause of your prenuptial agreement may not stand in court when you file for divorce, it could which means you may not be entitled to collect alimony. However, with a skilled and experienced divorce lawyer such as Stuart R. Shafer representing you, you increase your chances of having a judge waive this clause so that you are able to get the financial support you need and deserve.

2. You didn’t obtain an order from the court for alimony. If your spouse agreed in private to pay you a certain amount each month for alimony but the two of you never signed a court order that stipulated payment terms, your spouse isn’t actually obligated to pay you. Unless you obtain a court order that states how much your spouse is required to pay and when, he or she does not have to pay you the amount the two of you privately agreed upon.

Tip: If you are divorcing your spouse and want to receive alimony, it would be in your best interest to have an Ingham County, MI alimony attorney request that the court draw up a legal agreement between you and your spouse that requires him or her to pay you spousal support. Sometimes, the court will require a spouse to pay the support in one lump sum while in other cases, a judge may order him or her to make monthly payments to you.

3. You plan to remarry after your divorce is finalized. If you plan to remarry after your divorce, you may only be eligible to receive payments for the period of time that you remain unmarried. Once you choose to get married again, your ex-spouse can request that alimony payments stop given the court-ordered payment in the first place.
4. You don’t qualify for it. Before a judge orders one party to pay alimony to the other, they must determine whether that party is actually entitled to receive it. If you started working while you and your spouse were separated and are now earning enough income to support yourself, the judge may not believe you are in need of spousal support. Aside from income, there are other factors the court will use to base its decision on whether one party should receive spousal support over the other.

If you would like to find out what factors are used to determine if a spouse qualifies for alimony, speak with Ingham County alimony lawyer Stuart R. Shafer. Not only can the Law Offices of Stuart R. Shafer, P.C. help you determine if your circumstances permit you to collect alimony, but we can also provide you with the legal representation you need to ensure the court handles your divorce case fairly. If you would like to schedule a consultation to learn more about collecting spousal support in the State of Michigan or discuss any other concerns you might have, give us a call at 517-487-6603.

 

You can reach the Law Offices of Stuart R. Shafer, P.C. at:

1223 Turner Street, #333

Lansing, MI 48906

Phone: 517-487-6603

Website: www.stushafer.com