When couples divorce in Michigan, spousal support (alimony) might be awarded to help one spouse maintain financial stability. Generally, family court judges have a lot of discretion about whether to order spousal support, and that’s because they have a lot of discretion in analyzing the 14 factors of awarding alimony. But when does that payment end, if at all? Many Michiganders ask if they still have to pay spousal support after their ex-spouse moves in with their new significant other. While it has been assumed that cohabitation automatically ends alimony. In Michigan, that is not the case.
Does Cohabitation Automatically End Spousal Support?
Not automatically. No Michigan law automatically terminates spousal support when the receiving spouse begins living with a new significant other. The paying spouse must file a motion in Oakland County Circuit Court asking for a change. Michigan courts do recognize that living with a new significant other can change the financial needs of the receiving spouse and may justify the modification. However, if the new living arrangement does not substantially alter the receiving spouse’s financial status, the court may deny modification. However, note that many alimony awards are negotiated and end up in the final Judgment of Divorce. When that happens, it is common to agree to a provision that ends the spousal support if cohabitation happens. There has been a lot of litigation in our family courts about precisely what constitutes cohabitation.
Michigan Law on Spousal Support Modification
Under Michigan law, judges have the authority to modify spousal support when there is a material change in circumstances after the initial judgment. Circumstances that existed at the time of the judgment will not be considered, regardless of whether they were brought up previously. The paying spouse must file a motion requesting that the spousal support be modified. Judges will evaluate facts such as whether the receiving spouse’s financial needs have been reduced or may have even increased, whether their financial status has changed, or any other circumstances that may make continued payments unfair. Keep in mind, though, that if the spousal support awarded in the Judgment of Divorce was negotiated as being for a specific amount and/or a specific period of time, the divorce court judge cannot change that. Settlement agreements are usually locked in.
Oakland County Judges’ Approach
In Oakland County, our family court judges decide spousal support modifications by looking at:
- Whether the receiving spouse is financially supported by the new significant other or whether the new significant other has significantly reduced the recipient’s living expenses.
- Whether living expenses have increased due to cohabitation. This might mean that the paying spouse is not paying for the new significant other’s living expenses, which likely will not cause a decrease in the amount of alimony being paid.
- The original purpose and intent of the spousal support award.
Why You Need an Experienced Attorney
If you are paying spousal support and believe your ex-spouse no longer needs your support because they are living with their new significant other, or if you are receiving spousal support and your ex-spouse has filed a motion to modify the award, or if your award of spousal support is modificable and you need more support due to a change of circumstances, it is critical to have an experienced Oakland County family law attorney on your side. The legal process of modifying spousal support can be complex, and the burden of proof rests on whoever is requesting the change.
An attorney familiar with Oakland County family courts can:
- Evaluate whether cohabitation justifies filing a motion.
- Gather financial and lifestyle evidence that will be admissible in court, to present to the family court judge.
- Fight against unfair modification requests.
Contact Us Today!
The Kronzek Firm has over 30 years of experience in family law. One of our attorneys can help you understand your rights, no matter which side of the motion you are on. We aren’t here to judge you, we’re just here to fight for you. Contact us today for a consultation by email or phone. (contactus@kronzek.law)
📞 Our attorneys have helped thousands of clients since the last century. We fight for clients all over Oakland County, Livingston County, and Macomb County. You can reach our Oakland County office 24/7 at (248) 479-6200. Virtual appointments and phone appointments are available during business hours, weekends, and after hours. You can also email our team at contactus@kronzek.law at any time.
[Disclaimer: This content is for informational purposes only and does not constitute legal advice. Consult an attorney for personalized guidance.]