Spousal support and alimony are two terms that come up often in divorce conversations, and while they are frequently used interchangeably, they can sometimes refer to slightly different things depending on the state you’re in. Since our founding in 2009, Merel Family Law has helped over 5,500 clients with their family law issues, and we have grown to be 20 lawyers strong with three offices in Illinois and one in Michigan. If you’re thinking about divorce or already in the process, our Troy, MI spousal support lawyer is here to help. Understanding how support works can make a big difference in planning for your future.
Are Spousal Support And Alimony The Same?
Yes and no. Both terms refer to payments made from one spouse to the other after separation or divorce. The goal is to help the lower-earning or financially dependent spouse maintain financial stability. Some states use the term “alimony,” while others—like Illinois and Michigan—prefer “spousal support” or “maintenance.” Functionally, they mean the same thing, but the language in court documents may vary.
When Is Spousal Support Awarded?
Spousal support isn’t automatically granted in every divorce. Courts look at several factors when deciding whether it should be awarded, including:
- The length of the marriage
- Each spouse’s income and earning capacity
- The standard of living during the marriage
- Contributions one spouse made to the other’s education or career
Keep in mind that things such as new jobs and remarrying can affect alimony. If you have questions, a spousal support lawyer can answer them and provide legal guidance and support.
Age And Health Of Both Parties
It’s also important to know that temporary support can be awarded during the divorce process and that long-term or permanent support is typically reserved for longer marriages.
How Is The Amount Decided?
In Illinois and Michigan, there are specific guidelines courts often follow when calculating spousal support. These formulas consider the incomes of both spouses and the length of the marriage, but judges still have the discretion to deviate from the guidelines if the situation calls for it. This means every case is unique, and support outcomes can vary significantly depending on the facts involved.
Is Spousal Support Taxable?
As of recent federal tax law changes, spousal support is no longer considered taxable income for the receiving spouse or a tax deduction for the paying spouse for any divorce finalized after January 1, 2019. This change applies across the country and is important to factor in when negotiating support terms.
Can Spousal Support Be Modified?
Yes, in many cases spousal support can be modified if there’s a substantial change in circumstances. For example, if the paying spouse loses their job or the receiving spouse becomes financially independent, a modification may be appropriate. It’s important to follow legal procedures to request changes through the court, rather than making informal adjustments.
What About Agreements Made Outside Of Court?
Some couples choose to settle support issues through a divorce agreement or mediation rather than leaving it up to a judge. These agreements are legally binding once approved by the court. Whether you’re paying or receiving support, it’s a good idea to work with an attorney to make sure the terms are clear, enforceable, and fair.
We’re Here To Support You
Merel Family Law has been featured in Best Divorce Lawyers in Chicago (Expertise.com) and Best Lawyers Best Law Firms (U.S. News & World Report). We understand how stressful divorce and all that comes with it is and we do not want you to feel alone. Our divorce and spousal support lawyer is here to help you navigate your divorce with confidence. Reach out to us today.
