Legal Question in Family Law in Michigan
spousal support
I am a RN and have been married 19years. Out of that times there weas approxiamately 2-3 years he didnt work. When he was employed he made anywhere from 19k-50k. We have been separated since December and he moved up north. He began collecting disabiltiy in March and nets $1700.00. I net $3700.00 a month and am caring for our 17 year old son. I also have taken on a lot of the debt that we created together. I spoke with an attoryney about divorce and he said he may be entitled to spousal support. Is there a possibility that if he contests the divorce that this could happen? Is he entitled to any of my 401K? Can the divorce papers state that I don't want him entitiled to any of my pension either?
3 Answers from Attorneys
Re: spousal support
Unfortunately, he may be entitled to spousal support. Under Michigan law, he's also entitled to 50% of whatever pension and 401(k) contributions were made during the marriage. There may be ways to negotiate something different, but the advice the lawyer gave you was correct.
Re: spousal support
You're asking a lot of questions that have a lot of different possibilities in answers. Nobody can answer you specifically. However, I would be happy to meet with you and discuss your options.
Re: spousal support
Whether or not he is "entitled" to spousal support would be up to a Judge pursuant to a trial. Based on the facts you have presented what I can tell is that there is no guarantee. Spousal Support awards are based on many factors such has the disparity in income of the parties, the educational level of the parties, the parties ability to work, etc. These factors are weighed pursuant to the evidence and testimony presented by both parties should your case proceed to trial. It will certainly be subject to negotiation. However, in my experience, in over 10 years of practice in this area, I have yet to see an able bodied man capable of earning 50k per year awarded spousal support. The pension is another matter. The law says that the alternate beneficiary, your husband, is entitled to one half of the marital portion of the pension of the participant, you. Without knowing the rest of the facts in your case, I cannot tell you if his interest in your pension can be mitigated or offset in any way. I hope this helps. Feel free to contact my office if you wish to discuss you case further.