Can I Modify My Spousal Support?

Judge's gavel with money on black table top - modifying spousal support concept

The amount and the duration of Spousal Support in Michigan are both modifiable under law unless both parties specifically waive the legal right to modify the amount and/or duration. The enforceability of such a waiver requires specific legal language your lawyer will need to properly draft.

Unless you and your spouse properly waived the right to modify the amount and/or duration of spousal support, spousal support is modifiable if circumstances have sufficiently changed for legitimate reasons since the spousal support was agreed upon or ordered by a judge. If you are the payer, you may no longer be able to pay spousal support as ordered through no fault of your own. As the payee, you may find yourself needing more support than you expected at the time the divorce was entered for unforeseeable reason(s). This may lead you to ask if alimony can be changed after divorce. The answer depends on the language of your Settlement Agreement, Judgment of Divorce, and Uniform Spousal Support Order, and the nature of the reasons you give to justify modifying your spousal support terms.

Can Alimony be Changed After Divorce?

In Michigan, alimony is called spousal support and it is intended to do just that – to contribute to the support of a person who has historically depended on his or her ex-spouse to pay for their necessary living expenses and/or for other reasons listed below. Michigan courts can award spousal support to either spouse as part of the Judgment of Divorce based on their needs and their spouse’s ability to pay, and several other factors:

  1. parties’ past relations and conduct;
  2. length of the marriage;
  3. parties’ ability to work;
  4. source and amount of property awarded to the parties;
  5. parties’ ages;
  6. ability to pay spousal support;
  7. parties’ present situation;
  8. parties’ needs;
  9. parties’ health;
  10. prior standard of living of the parties and whether the parties support others;
  11. parties’ contributions to the joint estate;
  12. a party’s fault in causing the divorce;
  13. how cohabitation affects a party’s financial status; and
  14. general principles of equity.

But things can change after your Judgment of Divorce is entered that can make a spousal support order unfair, or even impossible. When that happens, that “change of circumstances” may create a reason to mediate the issue or if necessary, file a motion to modify spousal support asking the Court to look at those factors again.

Can You Get a New Alimony Award After the Judgment is Final?

If your alimony award was agreed-upon and modifiable, either party may request a modification in term and/or duration. But if you cannot agree, and let the Judge decide, you run the risk the Judge will deny you alimony and “forever bar” you from going back to court to seek it. Alternatively, the Judge can deny you alimony at the time of the trial or hearing, and “reserve” alimony if circumstances sufficiently change.

Judges do not have the power in Michigan to order non-modifiable spousal support, in either amount or duration. If a Judge orders that spousal support be paid for a certain number of years, it is assumed that support will end when that term is over: however, the payee can still return to court and request an extension, and it will be up to the Judge whether the circumstances merit the extension. Similarly, the payer can still return to court and request an early termination or decrease, and it will be up to the Judge whether the circumstances merit this. Mediation can take the uncertainty out of this process because it provides a forum in which the spouses can agree between themselves, without the involvement of the court, how to address the request for modification.

Reasons You Can Modify Spousal Support

Most spousal support orders are modifiable after they have been entered because the law defaults to this and both parties must properly agree to make it non-modifiable. Michigan statutes give parties the right to ask the Court to modify a spousal support award based on one or more changes of circumstances since the Judgment was entered. Examples of reasons to modify the amount and/or duration of spousal support order might be:

  • You lose your job and cannot for legitimate reasons find replacement work
  • You become disabled or otherwise unable to work for provable reason(s)
  • You have a dramatic increase in expenses (e.g., your employer-provided health insurance is terminated)
  • Your ex-spouse got a new job with significantly higher income
  • Your ex-spouse violates property payment provisions in the Judgment of Divorce through bankruptcy or otherwise and you need those payments to be able to pay spousal support
  • Assets awarded in lieu of alimony (such as stocks or retirement assets) significantly and unforeseeably reduce in value or income-generating potential
  • You got a new job with lower income and better benefits tailored to your current health conditions
  • Your spouse significantly reduced their expenses (e.g., paid off their student loans or mortgage)
  • Your spouse remarried or began living with a new romantic partner who is providing for them (however, the fact that new relationship or marriage may not last sometimes makes it difficult to modify support for these reasons, and makes it undesirable for the payee of spousal support to agree to listing them as reasons for modification in a settlement agreement.)

Most often, motions to modify spousal support payments relate to one or both parties’ employment (including retirement) status, health, or changes in marital status.

However, in high-net-worth divorces, the issues can sometimes be more complicated, especially when both spouses are not earning equivalent wages, and/or one spouse is self-employed. High-net-worth individuals may be more likely to own income-generating assets such as stocks, brokerage accounts, rental property, and business interests, making it more challenging to determine their income available for support than if they simply earned W-2 wages. In some cases, these assets may be awarded to the lower-income party in addition to spousal support to meet their material needs. Changes to the economy, rental market, or business can sometimes substantially and unforeseeably reduce these sources of income, triggering a change of circumstances sufficient to revisit the spousal support award itself. This is why a “buyout” of alimony is sometimes preferable to both parties. With a buyout, the parties agree to award the recipient more than one-half the marital estate in lieu of paying modifiable, periodic payments. Buyouts are desirable to payers who believe their earnings and the value of their assets will increase significantly after divorce, and desirable to payees who prefer control over all their alimony now rather than worrying about whether they will be fully paid in the future by a spouse they might not trust. Sometimes, payees predict their spouse’s ability to increase their earning potential in the future differently than the payer, and therefore, would rather take a lump sum now, rather than risk a downward modification later. In the end, there are no crystal balls, so deciding whether to give or take a buyout or make spousal support non-modifiable will be a decision that should only be made by each party based on their personal gut feelings and comfort levels as to what the future holds.

Spousal support in any form should be secured with adequate life insurance in case the payer dies before the expected duration ends. Tools like liens on real estate and orders assigning retirement income to the payee if the payer defaults are also ways to secure spousal support.

Can a Michigan Court Order Non-Modifiable Spousal Support?

If your case goes to trial on the issue of spousal support, the Michigan family court may not enter an order for non-modifiable spousal support. Remember that parties to a divorce have a statutory right to modify their spousal support awards. But parties are allowed to waive that right. If finality and certainty is important to you, you can enter a settlement agreement and consent Judgment of Divorce that includes a non-modifiable spousal support award. However, doing that will prevent either party from modifying spousal support after that Judgment is entered, even if circumstances have changed and payment of the court-ordered spousal support is either difficult or insufficient. And very special language is required for a non-modifiable award to be enforceable as such: this language should be included in your settlement agreement, Judgment, and Uniform Spousal Support Order.

Talk to a Michigan Spousal Support Attorney

As you can see, the question of whether you can modify your spousal support award will depend on how your Judgment was entered, and the language included in the document. This means that you will need to carefully review the language in your Judgment of Divorce to determine if you can file a motion to modify support, and for which reasons. If you are not sure if your reasons are sufficient, an experienced family law attorney can really help you get a good gauge on your chances of success.

At NSSSB, our divorce attorneys know how to interpret your Judgment of Divorce, and determine if you can file a motion to modify support. Our Southeast Michigan family law attorneys help our clients obtain fair and equitable spousal support awards, and are happy to file motions to end or extend spousal support when life changes. We want to make sure you are supported, even after the divorce is over. Click here to schedule a consultation with one of our experienced attorneys.

Categories: Spousal Support