-Separation is painful, and it’s more for the spouse who was dependent on the other. Spousal support is done on a case-by-case basis. Every case is unique. Mostly, it is granted in those marriages where the marriage duration is long. Several factors are also taken into account before separate maintenance in Michigan can be granted by the court. But the most crucial considerations are:
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- Whether you have a financial need for the spousal support?
- Whether the spouse can pay you?
Here is the information that you should be prepared to give.
1-Financial Imparity
Gather details of your expenses. You may even need to gather your bills to show the court what your living expenses are. These should include groceries and personal expenses. The income also needs to be confirmed. The court may need as much information about the finances as you can. For this, you need to get information about the income of spouse and expenses. If your spouse has excess income and you have a deficit, you are likely to be awarded spousal support.
2-Medical Condition
If you have a medical condition that affects the ability to work and requires medical treatment, you can be entitled to spousal support. However, spousal support is entitled to a limited time ranging from one to ten years. However, if you have an ongoing medical condition that prevents the employability or you are of an age when it is not reasonable to expect you to return to work, the court may award you permanent spousal support.
3-Age
The court also considers whether you are near retirement and how getting retired is going to affect your financial needs and resources.
4-Disparity in Education
Commonly, you and your spouse have different levels of education. The court may consider that in awarding the spousal support. For instance, if your spouse has a professional degree which enables him or her to earn a higher income, but you don’t have that degree or high earning power, the court may decide your spouse to pay the spousal support.
5-Unemployment
Have you been unemployed as a stay-at-home parent? Have you been under-employed as you have served as the parent who has been handling the child-rearing duties, the court may decide on the spousal support. But such support is limited and may enough to support you to enter the work-force full-time or increase the education or the new experience.
6-Duration of Marriage
The length of the marriage is considered in determining the duration and the amount of spousal support. Was it a short-term marriage, or it has been years of marital relationship? The courts generally don’t award lifetime spousal support. However, in those cases where the marriage has been there for 25 years, the low-earning spouse may get spousal support for a longer time.
If the marriage has been a long-term and your spouse has more capable of meeting his or her financial needs, you may be entitled to spousal support. You can get the spousal support for the rest of your life if you aren’t able to meet your needs.
Does Bad Behavior Affect Spousal Support?
Mostly lousy behavior doesn’t affect spousal support. If your spouse has been abusive, and it prevented you from obtaining required education or employment, it may help in the award of spousal support as it affected your capability to earn. Spousal support decision is based on the need and the ability to pay. If the spouse’s bad behavior has put you in a greater need for assistance, you will more likely get the separate maintenance in Michigan.
Forms. Legal Can Help You
You can create a separation agreement online here. Along with numerous other details, both spouses can mutually agree to offer the spousal maintenance to one who needs it. Sign up now to start creating the agreement for free!