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When can I file for alimony modification in Michigan?

After your final court order in your divorce, the spousal support that you are awarded is set. The purpose of this financial support is to help you become self-sufficient without seriously affecting your standard of living. According to the Michigan Supreme Court rules, you must prove that you need spousal maintenance and that your spouse is able to pay it. When factors change after the divorce, it may be possible for you to go back to court to request a modification as long as you did not agree to non-modifiable spousal support in the divorce settlement.

The Institute of Continuing Legal Education in Michigan provides information regarding the times when you may file for alimony modification. Before a change can be made, you must provide evidence that shows a significant change in your income since the divorce. This could come from a variety of factors. For example, you could experience any of the following major life changes:

  • The loss of a job or a cut in pay

  • Illness, injury or disability that changes earning potential or leads to high medical bills

  • A change in expenses regarding your child

  • Retirement

A change in your income does not necessarily lead to a modification, but it is considered when the judge is determining whether there has been a change in circumstances. Because awarding and modifying spousal support is solely at the discretion of the court, you may have difficulty winning a new judgment. You should also keep in mind that this information is for educational purposes only, and should not be taken as legal advice.

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Lorrie J. Zahodnic

"I will hold you up until you can stand on your own two feet."

Lorrie J. Zahodnic, P.C. has provided skilled and compassionate legal guidance to Michiganders in family law matters for over 20 years.

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