Michigan Alimony: Eligibility & Factors

Michigan does not use a formula to calculate spousal support. Instead, judges decide what is “just and reasonable” under MCL 552.23, weighing a set of factors developed by the Michigan Court of Appeals. This guide explains who qualifies for spousal support, how courts set amounts and duration, and when an existing order can be changed or ended.

Types of Spousal Support in Michigan

Michigan courts can award several forms of spousal support. The type chosen depends on the length of the marriage, the recipient's ability to become self-supporting, and the overall financial picture:

• Temporary (pendente lite) — Support paid during the divorce case to maintain the status quo. Authorized by MCL 552.13(1), it ensures both parties can meet basic needs and participate in litigation while the case is pending.
• Rehabilitative — Periodic payments for a set time to allow the recipient to obtain education, training, or work experience needed to re-enter the workforce. This is the most common form of post-judgment support in Michigan.
• Durational — Support for a fixed number of months or years, often with a review date. Courts frequently use this for mid-length marriages where indefinite support is not warranted but a short rehabilitative period is insufficient.
• Permanent (indefinite) — Ongoing support with no set end date, reserved for long marriages where age, health, or limited earning capacity make self-sufficiency unlikely. Even “permanent” awards remain modifiable unless a settlement agreement clearly provides otherwise.
• Reimbursement — Compensates a spouse who made significant financial contributions to the other's education or career advancement during the marriage, as recognized in Postema v Postema.
• Alimony in gross — A lump sum or fixed total paid in installments. Unlike periodic alimony, it is generally non-modifiable and does not terminate on death or remarriage because it functions more like a property division tool.

The 14 Olson/Berger Factors

Michigan appellate courts use a multi-factor test commonly called the “Olson/Berger factors” (from Olson v Olson and Berger v Berger). Trial judges must consider these factors and explain how they connect to the amount and duration of any award. The factors are:

1. Past relations and conduct of the parties
2. Length of the marriage
3. Each party's ability to work
4. Source and amount of property awarded in the divorce
5. Ages of the parties
6. Ability of the paying spouse to support the other
7. Present situation of the parties
8. Needs of the parties
9. Health of the parties
10. Prior standard of living and whether either party supports dependents
11. Contributions of each party to the marital estate, including homemaking and career sacrifices
12. Fault in causing the divorce
13. Effect of cohabitation on a party's financial status
14. General principles of equity

No single factor is dispositive. Courts weigh them collectively, and the Michigan Court of Appeals has reversed awards where the trial court failed to explain the link between its factor findings and the support ordered.

Fault matters, but not punitively. Michigan is a no-fault divorce state, yet fault remains one of the 14 factors. Courts may consider misconduct such as adultery or financial dissipation, but they cannot use spousal support as punishment. Berger v Berger emphasizes equitable balancing over penalizing either party.

Amount and Duration

Michigan has no statutory formula for calculating spousal support. In Myland v Myland, the Court of Appeals expressly rejected a trial court's use of a mechanical “percentage of income difference” approach, holding that rigid formulas are legal error because they bypass the required factor analysis.

In settlement negotiations, attorneys sometimes use informal benchmarks—such as a fraction of the income gap for a period linked to marriage length—as starting points. These heuristics carry no legal weight and are not binding on any court. The only reliable method is applying the 14 factors to the specific facts of each case.

General patterns observed in Michigan cases include:

• Short marriages (under 5 years): Support is less common and, when awarded, typically lasts months to a few years. Significant income disparity or health issues can be exceptions.
• Mid-length marriages (5–15 years): Rehabilitative or durational support of several years is common when one spouse needs time to retrain or re-enter the workforce.
• Long marriages (15–20+ years): Longer durational or indefinite support may be ordered where age, health, or limited skills make full self-sufficiency unlikely.

Courts examine all income sources broadly, including wages, bonuses, business profits, retirement benefits, and investment returns. If a spouse is voluntarily unemployed or underemployed, the court may impute income based on earning capacity.

See how Michigan spousal support might apply to your situation:

Modification and Termination

Under MCL 552.28, either party can petition to modify spousal support after the judgment. Michigan courts apply a two-step framework:

1. The movant must demonstrate new facts or a material change in circumstances since the last order—such as job loss, significant income change, disability, or retirement.
2. If that threshold is met, the court re-evaluates the Olson/Berger factors and sets a new amount or duration that is just and reasonable.

Key rules for termination:

• Remarriage: MCL 552.13(2) authorizes the court to terminate spousal support as of the date the recipient remarries, unless the judgment expressly provides otherwise. “Remarriage” means a legal marriage under Michigan law—a religious commitment ceremony without a marriage license does not qualify.
• Cohabitation: Living with a new partner does not automatically terminate support in Michigan. However, cohabitation is a recognized factor, and if it materially reduces the recipient's financial need (through shared expenses or financial interdependence), the court can modify or end the award.
• Death: Periodic spousal support generally terminates on the death of either party, though alimony in gross does not.
• Retirement: Good-faith retirement commonly qualifies as a change in circumstances, but each case depends on timing, the retiree's age and health, and post-retirement resources.

If spousal support is based on a private settlement agreement rather than a court order, the agreement's own terms control modification and termination. Parties may contractually agree that support is non-modifiable, and Michigan courts will enforce clear, unambiguous waiver language. For a comparison of negotiated versus court-ordered outcomes, see our guide on Michigan uncontested vs. contested divorce.

Enforcement

Michigan provides robust enforcement tools for spousal support orders, administered through county Friend of the Court (FOC) offices. Available remedies include:

• Income withholding — Required by operation of law in most support orders. Employers must withhold the ordered amount from wages and remit it through the Michigan State Disbursement Unit (MiSDU).
• Liens and asset seizure — Arrears can be reduced to judgment, creating liens on real property, bank accounts, and other assets.
• Contempt of court — Willful noncompliance can result in civil contempt proceedings, including incarceration with purge conditions.
• License suspension — Under the Support and Parenting Time Enforcement Act (SPTEA), Michigan can suspend driver's, occupational, and recreational licenses when an obligor is delinquent.
• Tax refund intercepts — Federal and state tax refunds can be intercepted to cover support arrears.

Tax Treatment

For divorce or separation instruments executed after December 31, 2018, spousal support is not deductible by the payer and not taxable to the recipient under the federal Tax Cuts and Jobs Act (TCJA). Pre-2019 orders retain the old deductible/taxable treatment unless a later modification expressly elects TCJA rules. IRS Publication 504 covers these rules in detail.

At the state level, Michigan conforms to federal adjusted gross income as its tax starting point. Because spousal support is excluded from federal AGI for post-2018 instruments, it is effectively excluded from Michigan taxable income as well. The payer receives no state deduction.

Interaction with Child Support

Michigan's Child Support Formula (MCSF) governs child support separately from spousal support. To avoid circular calculations, the MCSF treats spousal support paid between the same two parents as non-deductible from the payer's income for child support purposes. Spousal support received from a third party (not the other parent in the same case) is counted as income. Courts typically set child support first, then address spousal support with the remaining income picture.

Frequently Asked Questions

Is there a formula for Michigan spousal support? No. Michigan has no statutory formula, and the Court of Appeals has specifically rejected mechanical percentage-based approaches. Judges must apply the 14 Olson/Berger factors to each case individually.

Does adultery affect spousal support? It can. Fault is one of the 14 factors, so a court may weigh adultery or other misconduct when setting the award. However, Michigan is a no-fault divorce state, and courts cannot use support as punishment—fault is balanced against all other factors.

Does moving in with a new partner end my spousal support? Not automatically. Unlike remarriage, cohabitation alone does not trigger termination under Michigan law. The paying spouse would need to show that the cohabitation materially reduces the recipient's financial need, then petition the court for modification.

Can we agree to make spousal support non-modifiable? Yes. If both parties include clear and unambiguous non-modification language in a settlement agreement incorporated into the judgment, Michigan courts will enforce it. Court-ordered support from a contested hearing, however, remains modifiable under MCL 552.28.