Wednesday, November 24, 2010

In determining spousal support the trial court is to “balance the incomes and needs of the parties".

In Myland v Myland, ___ Mich App ___ (#292868, 11/23/2010) the Court of Appeals reversed an order of spousal support (alimony) based on the trial court’s use of an arbitrary formula to calculate an award of spousal support.  In determining spousal support the trial court is to “balance the incomes and needs of the parties in a way that will not impoverish either party” based on what is “just and reasonable under the circumstances of the case.” Moore v Moore, 242 Mich App 652, 654 (2000).

Among the factors to be considered are: (1) the past relations and conduct of the parties, (2) the length of the marriage, (3) the abilities of the parties to work, (4) the source and amount of property awarded to the parties, (5) the parties’ ages, (6) the abilities of the parties to pay alimony, (7) the present situation of the parties, (8) the needs of the parties, (9) the parties’ health, (10) the prior standard of living of the parties and whether either is responsible for the support of others, (11) contributions of the parties to the joint estate, (12) a party’s fault in causing the divorce, (13) the effect of cohabitation on a party’s financial status, and (14) general principles of equity [Olson v Olson, 256 Mich App 619, 631 (2003). MCL 552.23; Korth v Korth, 256 Mich App 286, 288 (2003).

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