Divorce settlements in Michigan often include spousal support (alimony), but what happens when the paying spouse reaches retirement age? Retirement typically brings a significant reduction in income, which raises the question of how this affects the spousal support obligation.
Michigan Law on Spousal Support Modification
Michigan law allows a court to “revise and alter” an award of spousal support when there is a “change in circumstances”. Either spouse can request a modification. That means that our family court judges in Eaton County, Ingham County, and Clinton County can increase or decrease the amount of spousal support. The motion must allege new facts or a change in circumstances after the last order which set the amount or length of the alimony payments. You cannot file a motion to modify spousal support using facts and circumstances that occurred before the judgment and were already heard by the court.
Retirement as a Change in Circumstances
While retirement is a common reason to seek a modification, it does not guarantee one. Courts look closely at the facts of each case to determine whether retirement justifies a change.
Michigan courts have held that a good-faith retirement may constitute a valid change in circumstances. Our Michigan Court of Appeals recognized that retirement at a customary age could be a basis for modification, but only after considering the fairness to both parties. Notably, courts distinguish between voluntary early retirement (which may not reduce support) and retirement due to age, health, or employer mandate (which is more likely to justify modification). Lansing area judges will carefully examine factors such as:
- Age and health of the paying spouse
- Retirement income
- Needs of the receiving spouse
- Marital history
It is important that you discuss these factors, along with the other factors judges consider, with your attorney. Your attorney will be able to guide you on what factors are relevant to your case and how they should be addressed in court.
Can Spousal Support End Automatically at Retirement?
Unless the original divorce judgment or a later court order specifies a termination date or condition (such as “support ends upon retirement at age 65”), spousal support does not automatically end when a spouse retires. The party requesting the change must file a motion with the Circuit Court requesting the modification and stating the reasons for it.
Key Takeaways for Spousal Support Changes In the Lansing Area
- Retirement can justify modifying spousal support, but it is not automatic.
- Family Court judges require legally admissible proof of a genuine, good-faith retirement and a change in income or a change in the needs of either party.
- The needs of the supported spouse remain a critical consideration.
- You should always consult with your family law attorney about the legal process and what needs to be done in your case.
Call Us Today for a Consultation!
If you are approaching retirement in Mid-Michigan or around the Lansing area, and have ongoing spousal support obligations, or if you are receiving support and your former spouse is planning to retire, The Kronzek Firm has over 30 years of experience in family law, including spousal support issues. One of our attorneys can help you understand your rights, regardless of whether you are the paying spouse or the receiving spouse. We will work to ensure your financial future is protected so you can enjoy retirement. Contact us today for a consultation by email or phone. (contactus@kronzek.law)
📞 Our attorneys have helped thousands of clients with most being in Ingham County, Eaton County, and Clinton County, since the last century. You can reach our Lansing office 24/7 at (517) 886-1000. 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.]