By Charles M. Kronzek

Some Michigan residents believe spousal support (alimony) is less common than it used to be. Spousal support is no longer limited to outdated stereotypes. Michigan courts regularly award spousal support when the law allows it, and either spouse—male or female—may be ordered to pay or receive support, depending on the facts of the divorce.

A common issue is: What happens when a spouse tries to avoid spousal support by quitting a job or intentionally reducing income?

If this problem arises in your case, it’s important to be aware of some key information that can ensure you get the support you are entitled to.

Imputing Income in Spousal Support Cases

Michigan courts have the authority to impute income when the principles of equity and fairness allow. This means they can assign an income level to a spouse that may exceed their actual earnings. Imputing income for spousal support is often done when a court, after reviewing the evidence, finds that a spouse is intentionally trying to lower their income to avoid spousal support obligations. As a side note, these very same issues of imputing income also arise in child support cases. 

Our Michigan Court of Appeals (see page 4) has held that courts may consider a variety of factors when imputing income, such as:

• Prior work history
  
• Education and training
  
• Employment opportunities in the community
  
• Voluntary decisions to leave employment or take a lower-paying position
  

Where the court finds that a spouse has lowered their income intentionally, spousal support may be calculated based on the income that evidence suggests the spouse should be earning, rather than what they are actually earning.

Consequences of Intentionally Reducing Income

Reducing or attempting to reduce income to alter a spousal support (or child support) obligation can backfire. When a court finds that a spouse is acting in bad faith, it may:

• Impute a higher income for support calculations
  
• Order a higher support payment than might otherwise be awarded
  
• Make future enforcement or modification proceedings more difficult for the noncompliant spouse.
  

Even more damaging, this behavior destroys credibility. Once a judge questions a spouse’s honesty or willingness to follow court orders, every future issue becomes an uphill battle. In family court, credibility matters—and losing it can have long-term consequences.

Michigan’s Spousal Support Law

Under MCL 552.23, Michigan courts may award spousal support if it is “just and reasonable” based on the facts and circumstances of the case. Factors the court considers include, but are not limited to:

• The length of the marriage
  
• The spouses’ ages and health
  
• The ability to work and earn income
  
• The standard of living during the marriage
  
• Contributions to the marriage (financial or otherwise)
  
• The needs and circumstances of each spouse
  
• Any fault or misconduct that may have affected the marriage.
  

The goal of spousal support is not to punish a spouse, but to ensure a fair and equitable financial transition for both spouses after the marriage is dissolved. Family courts here in Michigan expect both spouses to make good-faith efforts to gain employment, earn a reasonable income, and support themselves as much as possible.

Consult with an Attorney

Deliberately hiding or reducing income to avoid paying spousal support is not sly, and it’s also legally ineffective in most Michigan divorce cases. Courts can evaluate evidence to detect this type of behavior and adjust support obligations accordingly. As much as we attorneys try to discourage clients from being deceitful about their income, it does happen over and over again. However, courts understand this game, and judges are vigilant about it. Being honest is the best way to be credible with the court. 

If you are entitled to or are seeking spousal support here in Ingham, Eaton, Clinton, Jackson, or Ionia County, or elsewhere in Mid-Michigan, you should consult with an experienced family law attorney. At The Kronzek Firm, our trusted and knowledgeable attorneys can help you understand your rights and responsibilities, including how income is calculated for support purposes. We are experienced in family law cases such as:

• Divorce
• Legal Separation
• Division of assets
• Spousal support (alimony)

We can advise you on what’s realistic and what’s worth negotiating for. The attorneys have more than 30 years of experience handling complex family law issues, and our collective insight can help you achieve the outcome you desire.

📞 You can reach our Lansing office 24/7 by email at contactus@kronzek.law and by calling (517) 886-1000. Our family law attorneys are available 24/7 for crisis intervention, and we do schedule office appointments after normal business hours when necessary. 

[Disclaimer: This blog content is for informational purposes only and does not constitute legal advice. Consult an attorney for particularized guidance.]