How does alimony work in Michigan?

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Accepted Answer

Michigan spousal support is governed by MCL 552.13 and MCL 552.23 and is one of the most discretionary alimony regimes in the country — there is no statutory formula.

1. The Sparks Factors

The Michigan Supreme Court in Sparks v. Sparks, 440 Mich. 141 (1992), set out the 11 factors (since expanded in practice to 14) that govern spousal support:

Past relations and conduct of the parties

Length of the marriage

Abilities of the parties to work

Source and amount of property awarded

Ages of the parties

Abilities of the parties to pay alimony

Present situation of the parties

Needs of the parties

Health of the parties

Prior standard of living and whether either is responsible for support of others

Contributions of the parties to the joint estate

A party's fault in causing the divorce

Effect of cohabitation on a party's financial status

General principles of equity

2. No Formula — But MARC Software

Michigan does not have a statewide formula like New York or Illinois. However, many practitioners use the Michigan Alimony Recommendation Calculator (MARC) — privately published software that estimates support based on the Sparks factors. Courts may consider but are not bound by MARC outputs.

3. Two Types

Periodic spousal support — paid in installments. Modifiable under MCL 552.28 unless made non-modifiable by agreement.

In gross (lump-sum) spousal support — fixed total amount. Generally not modifiable.

4. Duration

No statutory cap. Common patterns:

Short marriages (under 10 years): rehabilitative support, often 1-3 years

Mid-length (10-20 years): longer rehabilitative or modest periodic

Long marriages (20+ years): periodic support potentially indefinite

5. Modification — MCL 552.28

Periodic spousal support is modifiable on a change in circumstances. The threshold is significant but not extreme.

6. Termination

Unless the decree states otherwise, periodic spousal support terminates on:

Death of either party

Remarriage of the recipient

Cohabitation if the decree expressly so provides (it is critical to include this in the judgment)

7. Fault

Michigan is a no-fault divorce state but fault is one of the Sparks factors in setting spousal support. Adultery, abuse, or other misconduct can increase or decrease the award.

8. Tax Treatment

Federal TCJA applies — non-deductible/non-taxable for orders post-2018.

This is legal information, not legal advice.