Does Michigan have an alimony formula?
No. Unlike child support, which follows the mandatory Michigan Child Support Formula, spousal support (the legal term for alimony) has no statutory formula in Michigan. The governing statute, MCL 552.23, lets a court award support when the property a spouse receives in the divorce is not enough for their suitable support, in an amount the court "considers just and reasonable, after considering the ability of either party to pay and the character and situation of the parties, and all the other circumstances of the case."
That leaves the amount and length of support to the judge's discretion, guided by a list of factors from the Michigan Supreme Court's decision in Sparks v Sparks, 440 Mich 141 (1992), and the cases that followed it. Two couples with identical incomes can receive very different awards.
So why a calculator? Because a reasoned starting point is still useful. This estimator applies the "considerations" for alimony approved by the Board of Governors of the American Academy of Matrimonial Lawyers (AAML), a national organization of family law attorneys, on March 9, 2007. They were adopted narrowly, by a vote of 22 to 21, as a recommendation rather than a formula anyone must follow, and in 2013 the AAML removed them from its list of policies; it now states that it has no current position on alimony guidelines. Treat the result as a way to frame the conversation, not a prediction of what a Macomb County judge will order.
How the benchmark calculates the amount
The result is then capped: the recipient's own gross income plus the support may not exceed 40 percent of the couple's combined gross income. Whichever figure is lower is the benchmark award. Two examples show both rules at work.
Example 1: the formula governs
One spouse earns $100,000 a year and the other earns $20,000. Thirty percent of $100,000 is $30,000, and twenty percent of $20,000 is $4,000, so the formula gives $26,000 a year. The cap allows up to $28,000 (40 percent of the $120,000 combined income, less the recipient's own $20,000). The formula figure is lower, so the benchmark is $26,000 a year, about $2,167 a month.
Example 2: the cap governs
Now the incomes are $120,000 and $40,000. The formula gives $28,000, but the cap allows only $24,000 (40 percent of $160,000 is $64,000, less the recipient's $40,000). The cap is lower, so the benchmark is $24,000 a year, about $2,000 a month. When the lower earner already has 40 percent or more of the combined income, the benchmark produces nothing at all.
The benchmark works from gross income, before taxes, meaning income as a state defines it for child support purposes, including any income imputed to a spouse. That differs from Michigan child support, which uses net income as defined in the Michigan Child Support Formula; our Michigan child support calculator covers that side. The AAML considerations also say spousal support is calculated before child support is determined, and they do not apply at all when the couple's combined gross income exceeds $1,000,000 a year.
They list circumstances that may justify a different amount or duration, including a spouse who is the primary caretaker of a dependent minor or disabled adult child, existing court-ordered support or debt obligations, unusual needs, age or health, a spouse who gave up a career or supported the other's career, a disproportionate share of the marital estate, unusual tax consequences, and an agreement between the spouses.
How long alimony lasts
The AAML considerations set duration by multiplying the length of the marriage by a factor that grows with the marriage, and treat marriages of over 20 years as warranting permanent support:
| Length of marriage | Benchmark duration |
|---|---|
| 2 years (factor 0.30) | 7 months |
| 5 years (factor 0.50) | 2 years 6 months |
| 8 years (factor 0.50) | 4 years |
| 12 years (factor 0.75) | 9 years |
| 15 years (factor 0.75) | 11 years 3 months |
| 20 years (factor 0.75) | 15 years |
| 21 years (factor n/a) | Permanent |
| 25 years (factor n/a) | Permanent |
Michigan law frames the same question differently. Courts distinguish rehabilitative support, a temporary award that helps a spouse finish training, re-enter the workforce, or adjust to living on one income, from long-term or permanent support. Michigan courts have found long-term support appropriate after a long marriage where one spouse has no career or marketable skills, where the incomes are far apart and one spouse devoted most of their adult life to the home, or where a disability makes self-support doubtful.
If the judgment of divorce does not award support, it must either reserve the question or state that neither spouse is entitled to support. That choice matters: a judgment that rules support out closes the door, while a reservation can leave it open.
The factors a Michigan judge weighs
Because there is no formula, the factors do the real work. Michigan courts consider, and must make findings on, the factors relevant to the case:
- The past relations and conduct of the parties, including fault in the breakdown of the marriage (one factor, not given disproportionate weight)
- The length of the marriage
- Each spouse's ability to work
- The source and amount of property awarded in the divorce
- The ages of the parties
- Each spouse's ability to pay, including an unexercised ability to earn when income is voluntarily reduced
- The present situation and the needs of the parties
- The health of the parties
- The prior standard of living, and whether either spouse supports others
- Each spouse's contributions to the joint estate
- How cohabitation affects a party's financial situation
- General principles of equity
Several of these can move a result far from the benchmark. A spouse who stayed home for two decades to raise children, a property division that leaves one spouse with income-producing assets, a serious health condition, or one spouse's voluntary drop in income can each justify more or less support, or none.
Temporary support while the divorce is pending
Support is not only decided at the end. Under MCL 552.13, a court may order one spouse to pay the other's suitable maintenance while the divorce is pending, and to pay sums needed for the other spouse to carry on or defend the case. Temporary orders can shape the household budget for months, so they deserve the same attention as the final award.
Changing or ending an award
Periodic spousal support can generally be revisited. Under MCL 552.28, either party may petition the court to revise the amount or payment of alimony after judgment, typically by showing a change in circumstances such as a job loss, retirement, a change in need, or cohabitation. Spouses can, however, agree in their settlement that support will not be modifiable. Michigan courts enforce that kind of agreement when it clearly and unambiguously gives up the right to seek modification and states that the support terms are final, binding, and nonmodifiable (Staple v Staple, 241 Mich App 562 (2000)).
Remarriage matters too. MCL 552.13(2) allows a court to terminate an award as of the date the recipient remarries, unless the judgment of divorce specifically states a contrary agreement. Because so much depends on the judgment's exact wording, the drafting is where a lawyer earns their fee. Our post-judgment modification page covers changes after the divorce.
Taxes on alimony
For divorce and separation agreements executed after December 31, 2018, federal law no longer lets the payer deduct alimony, and the recipient no longer reports it as taxable income. Older agreements generally keep the prior treatment unless they are modified to adopt the new rule. This change makes each dollar of support more expensive for the payer than it once was, which often shapes settlement negotiations.
Spousal support in Macomb County
Spousal support is decided in the 16th Circuit Court as part of the divorce, and payments are commonly processed through the Macomb County Friend of the Court. The Law Offices of Julie A. Hlywa is in downtown Mount Clemens and represents spouses on both sides of support claims throughout the county, including Sterling Heights, Warren, Clinton Township, Shelby Township, Roseville, and St. Clair Shores.
Michigan alimony: common questions
Is there a formula for alimony in Michigan?
No. Michigan courts decide spousal support case by case under MCL 552.23, weighing factors such as the length of the marriage, each spouse's ability to work and pay, their needs, health, and age, the property division, and fairness. The AAML considerations this calculator uses are a starting point, not law.
How long do you have to be married to get alimony in Michigan?
There is no minimum. Length of marriage is one factor, and longer marriages tend to support longer awards, but a court can award support after a short marriage or deny it after a long one depending on the other factors.
Does alimony end if my ex remarries?
Under MCL 552.13(2), a court may terminate alimony as of the date the recipient remarries, unless the judgment of divorce specifically states a contrary agreement. Read your judgment carefully; the wording controls.
Can alimony be changed after the divorce?
Usually. Either spouse can petition to modify periodic support under MCL 552.28 when circumstances change. The exception is a settlement that clearly makes support non-modifiable, which Michigan courts generally enforce.
Does fault matter in a Michigan divorce?
Michigan is a no-fault divorce state, but conduct and fault in the breakdown of the marriage are among the factors a court may consider when deciding spousal support. They are one factor among many and should not be given disproportionate weight.
Is alimony taxable in Michigan?
For agreements executed after December 31, 2018, alimony is not deductible for the payer or taxable income for the recipient under federal law. Earlier agreements generally keep the old treatment unless modified to adopt the new rule. Confirm your situation with a tax professional.
How accurate is this calculator?
It applies the 2007 AAML considerations exactly as written, but they are not Michigan law, Michigan judges are not bound by them, and the factors above can move a real award well above or below the benchmark, or to zero. That is why the figure is sealed until you speak with the attorney.
Sources: MCL 552.13, 552.23, and 552.28; Sparks v Sparks, 440 Mich 141 (1992); Institute of Continuing Legal Education, Michigan Family Law Benchbook, chapter 6; Staple v Staple, 241 Mich App 562 (2000); American Academy of Matrimonial Lawyers, Report on Considerations when Determining Alimony, Spousal Support or Maintenance (approved March 9, 2007) and later Resolution Regarding Use of Alimony Guidelines; IRS Tax Topic 452.
