Laurie Schmitt Family Law

W. Michigan family law specializing in Collaborative Divorce

616.608.4634

Spousal Support

Key Questions To Ask Your Divorce Lawyer

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CAN MY SPOUSE PREVENT ME FROM GETTING A DIVORCE?

  • No. If you have filed for divorce, your spouse cannot stop the divorce from being finalized. The court will move the case along, with or without his permission or participation.

WILL I BE RESPONSIBLE FOR MY SPOUSE’S STUDENT LOAN DEBT?

Key questions to ask lawyer
  • Not generally. If the spouse acquired the student loan debt before the marriage, then typically the debt remains the sole responsibility of that spouse. Note, there can be narrow exceptions to this rule. Contact Schmitt Law, PLLC to obtain further information about student loan debt.

IS MY SPOUSE ENTITLED TO A PORTION OF MY RETIREMENT ACCOUNT?

  • Yes, if the retirement account was acquired during the marriage. If the retirement account was acquired before marriage, then it may remain separate property of that spouse.

WILL I BE RESPONSIBLE FOR MY SPOUSE’S MEDICAL DEBT?

  • Yes. Medical debt acquired during the marriage is considered marital debt, to be divided equally between the parties.

WILL MY SPOUSE BE RESPONSIBLE FOR MY ATTORNEY’S FEES?

  • Do not count on an attorney’s fee award. You may always file a motion to request assistance with payment of your attorney’s fees. However, there is no guarantee that the judge will grant such a request. The answer to this depends on your specific facts and circumstances. Contact Schmitt Law, PLLC to obtain more information about requesting your attorney’s fees to be paid by your spouse.

ARE MEN EVER GRANTED SPOUSAL SUPPORT?

  • Yes. The court does not have gender bias when it comes to the determination of payment of spousal support. The court reviews specific factors to determine if the payment of spousal support is appropriate – and awards spousal support when it is appropriate. These awards are not based on gender.      

ARE MEN EVER GRANTED CUSTODY?

  • Yes. Men can be granted custody of the minor children. The court reviews the 12 best interest factors when making a determination about custody. Gender does not necessarily play a role in the court’s final decision on custody.

Note, the contents provided above are for general information purposes only, and should not be construed as legal advice on any specific facts or circumstances. As family law is complex, answers to your specific and unique situation may vary greatly from the general answers provided in this blog. 

EXPERIENCED DIVORCE ATTORNEY

We understand that filing for divorce can be an emotional and confusing experience.  That is why we are committed to providing personalized service to each client we represent, and will be with you through this difficult journey. We are prepared to guide you in all aspects of your case.

To discuss your circumstances and legal options, contact Schmitt Law, PLLC online or call (616) 608-4634 to schedule a consultation. 

Will The Judge Order Spousal Support In My Divorce Case?

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Every client wonders how they will financially survive during and after a divorce. During the consultation the two questions Schmitt Law, PLLC receives most often are “will I receive spousal support” and “how much will I receive”.

Many factors are considered by the court as relevant in determining whether spousal support should be awarded. If the parties are unable to reach an agreement on the amount and length of time spousal support will be paid, the issue must be decided by the judge.

The judge will review the following factors when making their decision:

spousal support
  1. THE PAST RELATIONS AND CONDUCT OF THE PARTIES.
    • It is important to note that the fault of a party or basis for the breakdown of the marriage is a relevant factor in awarding spousal support, even though Michigan is a no-fault state.
  2. THE LENGTH OF THE MARRIAGE.
    • The longer you have been married, the more likely the court is to award spousal support.
  3. THE ABILITY OF THE PARTIES TO WORK.
    • The court is more likely to award spousal support to a party who can’t work or is unlikely to find work. Spousal support may be short term to give the person time to finish school or gain job skills.
  4. THE SOURCE OF AND AMOUNT OF PROPERTY AWARDED TO THE PARTIES.
    • When deciding whether one party needs spousal support, courts consider the type and amount of property each party is getting in the divorce.
  5. THE AGE OF THE PARTIES.
    • An older person who has not worked during the marriage is more likely to need spousal support. But, if the other spouse is retired and living on a fixed income, that will weigh against awarding spousal support. 
  6. THE ABILITY OF THE PARTIES TO PAY ALIMONY.
    • The court will balance how much the paying spouse can earn with the other spouse’s ability to support her or himself.
  7. THE PRESENT SITUATION OF THE PARTIES.
    • The court will consider facts such as your earning potential, career prospects, and issues involving your children.
  8. THE NEEDS OF THE PARTIES.
    • The court will consider the current and future needs of the spouse who may receive spousal support compared to their age, health, and ability to work.
  9. THE HEALTH OF THE PARTIES.
    • A spouses’ health is relevant if it affects his or her ability to work and meet their personal needs.
  10. THE PRIOR STANDARD OF LIVING OF THE PARTIES AND WHETHER EITHER IS RESPONSIBLE FOR THE SUPPORT OF OTHERS.
    • Your standard of living during your marriage is a starting point for deciding whether spousal support should be awarded to either spouse. If divorce means one spouse will stay at the marital standard of living and the other will not, the court may use spousal support to equalize things between the parties.
  11. GENERAL PRINCIPLES OF EQUITY (FAIRNESS).
    • The court may consider any other factor they deem necessary in your specific situation.

The court will make a decision regarding the award of spousal support based on the above factors. The court may also consider anything else the court deems important and relevant in awarding spousal support. The court may not give the same weight to each factor when making their decision. However, the court must make findings on each relevant factor if one party requests spousal support.

HOW IS SPOUSAL SUPPORT PAID? 

Spousal support can be paid monthly, for a specific period of time as agreed upon by the parties or determined by the court. It also can be paid as a sum certain amount to be paid either in a lump sum (one-time payment), or over a period of an agreed time.

CONSIDERING DIVORCE?  LEARN YOUR OPTIONS WITH SCHMITT LAW, PLLC. GRAND RAPIDS COLLABORATIVE DIVORCE ATTORNEY SERVING KENT, OTTAWA, AND ALLEGAN COUNTY.

Contemplating a divorce can be one of the hardest decisions to make in life. There are many complexities involving the divorce process, making it overwhelming for most. However, know that you are not alone, and help is available. At Schmitt Law, PLLC we are here to answer your questions, ease your concerns, and protect your rights. To book a consultation, contact Schmitt Law, PLLC online or by calling (616) 608-4634.

Spousal Support Award based on income from illegal marijuana sales upheld by Court of Appeals

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Sally Ann Beauchamp v Ronald Robert Beauchamp

Unpublished: October 23, 2018
No. 340792
Delta Circuit Court
LC No. 16-023178-DO

In Beauchamp v Beauchamp, the Husband was deriving income from illegally selling marijuana.  Trial court awarded spousal support based on income derived from the marijuana income.  Defendant appealed that court couldn’t base spousal support on his illegal income.  Court of Appeals affirmed the award.

Defendant asserts that he is unable to legally profit from the growth and sale of marijuana under the MMMA.  In this regard, defendant appears to be correct.  See MCL 333.26424(f) (“A registered primary caregiver may receive compensation for costs associated with assisting a registered qualifying patient in the medical use of marijuana.”).

Defendant contends that, because it would be illegal to profit from the sale or exchange of medical marijuana, it was unlawful for the trial court to award plaintiff spousal support on the basis of income that defendant may have obtained via such illegal activity.

The essence of defendant’s argument is that the trial court effectively required him to participate in illegal activities in order to meet his spousal support obligations.  On this point, the Court of Appeals disagreed.

This case does not involve a situation, as defendant argues, where the trial court has effectively ordered him to engage in unlawful activities.  Indeed, the legality of defendant’s annual earnings is entirely irrelevant.

For assistance with your spousal support issue, contact me, Laurie Schmitt, at Schmitt Law, PLLC.  I am an Attorney, Mediator, and Collaborative Divorce lawyer.