Michigan Spousal Support (Alimony) Laws: How It Works (2026)

Michigan uses the term "spousal support" rather than alimony. Courts award it on a purely discretionary basis under MCL 552.23, weighing a 14-factor test that traces to Ianitelli v Ianitelli, 199 Mich App 641 (1993), and Thames v Thames, 191 Mich App 299 (1991), and is commonly restated in Olson v. Olson, 256 Mich App 619 (2003). There is no statutory formula.

Information last verified on June 1, 2026.

Estimate your situation: Try our free Michigan alimony calculator to estimate spousal support and see the factors a Michigan court weighs.

What is spousal support in Michigan?

Spousal support is a court-ordered payment from one spouse to the other after a divorce or legal separation. Michigan law uses the phrase "spousal support" consistently in modern court forms and practice, though the older term "alimony" still appears in several statutes.

MCL 552.23(1) is the grant of authority for support awarded at the end of a case, and it supplies the governing standard as well. When the property and effects awarded to either party are insufficient for the suitable support and maintenance of that party and any children in their care, the court may award "spousal support out of the real and personal estate, to be paid to either party in gross or otherwise as the court considers just and reasonable." The court must reach that judgment "after considering the ability of either party to pay and the character and situation of the parties, and all the other circumstances of the case."

MCL 552.13 covers a different stage. Under subsection (1), in any action for divorce or separation the court may require either party to pay "alimony for the suitable maintenance of the adverse party," to pay sums needed to conserve property, and to pay the sums necessary to enable the other party to carry on or defend the action, "during its pendency." That closing phrase is what defines the provision: MCL 552.13(1) is the temporary support and suit money statute, not the authority for a final award. MCL 552.13(2) is a separate mechanism that lets the court terminate an alimony award as of the date the recipient remarries, unless the divorce judgment states otherwise, and termination requires the paying spouse to petition the court rather than happening automatically.

Spousal support is separate from child support. It compensates a spouse for economic disadvantage caused by the marriage or its dissolution, not for child-rearing costs. Michigan child support follows a separate statutory formula. See Michigan child support laws for a full explanation of those rules.

How Michigan courts decide spousal support (the Olson v. Olson factors)

Because MCL 552.23 provides no formula, Michigan courts have developed a multi-factor framework through case law. The 14-factor test traces to Ianitelli v Ianitelli, 199 Mich App 641 (1993), and Thames v Thames, 191 Mich App 299 (1991), and is commonly restated in Olson v. Olson, 256 Mich App 619 (2003), which lists the factors that should be considered when ruling on spousal support. Michigan's often-cited Sparks v. Sparks, 440 Mich 141 (1992), is a separate, related decision: it is the Supreme Court's leading case on dividing marital property and whether fault may be weighed in that division, not the source of this spousal-support factor list.

The factors include:

1. The past relations and conduct of the parties
2. The length of the marriage
3. The ability of the parties to work
4. The source and amount of property awarded to the parties in the divorce
5. The age of the parties
6. The ability of the parties to pay spousal support
7. The present situation of the parties
8. The needs of the parties
9. The health of the parties
10. The prior standard of living and whether either party is responsible for the support of others
11. Contributions to the marital estate
12. A party's fault in causing the divorce
13. The effect of cohabitation on a party's financial status
14. General principles of equity

A court does not weigh every factor equally. It considers the full picture of the marriage and each spouse's circumstances. The main objective, as courts have stated, is to balance the incomes and needs of the parties in a way that will not impoverish either.

Fault in causing the divorce is its own enumerated factor (factor 12 above), separate from the general category of past relations and conduct. Michigan courts have consistently held that fault should not receive disproportionate weight in the overall analysis, but it must be considered and addressed on the record.

The trial court must make specific findings on the relevant factors. An award that fails to address the applicable factors can be reversed on appeal.

The types of spousal support in Michigan

Michigan recognizes three functional types of spousal support.

Temporary (pendente lite) support is awarded while the divorce case is pending, under MCL 552.13(1), which authorizes support and the sums needed to carry on or defend the action during the pendency of the case. It maintains the financial status quo during the proceedings so that neither party is left without support before the final judgment. Temporary support does not automatically continue after judgment; the court sets final support independently under MCL 552.23.

Periodic spousal support is the most common form of ongoing award after judgment. The court orders the paying spouse to make regular payments (typically monthly) over a specified period or indefinitely. Periodic support is modifiable under MCL 552.28 upon a showing of changed circumstances.

Alimony in gross is a fixed-sum award, either paid in one lump sum or in installments of a defined total amount over a specific time. MCL 552.23(1) expressly contemplates support paid "in gross or otherwise," and Michigan courts define alimony in gross as "a sum certain" payable in a definite amount. Because the total obligation is fixed, alimony in gross is generally non-modifiable. Courts have held it can be modified only upon a showing of fraud. The non-modifiable character gives both parties finality and is often preferred in negotiated settlements.

For long marriages where one spouse has significantly lower earning capacity, a court may award long-term or even permanent periodic support. For shorter marriages or situations where a spouse needs time to become self-supporting, a time-limited periodic award is more typical.

How much and how long

Michigan courts have complete discretion on amount and duration. There is no statutory cap, no percentage guideline, and no formula written into the law.

Some Michigan courts have used a non-binding software tool called the Michigan Spousal Support Prognosticator as a starting point for settlement discussions. That tool generates a suggested range based on inputs such as income, length of marriage, and other variables. It is not a statute and it is not binding. A court may depart from its output, and many do. Parties and attorneys use it as one data point among many, not as the answer.

Amount typically reflects the gap between what the supported spouse can earn independently and what they need based on the marital standard of living. Duration often corresponds to the length of the marriage and the time a spouse needs to gain skills or re-enter the workforce.

For marriages of 20 or more years, courts more readily award longer-term or open-ended support. For marriages of fewer than five years, short rehabilitative support is more common. Between those ranges, the outcome depends heavily on the specific facts, the judge, and effective advocacy. When the result turns on advocacy, get a free case evaluation from a Michigan family lawyer on your side of each Olson factor the judge must address (attorney advertising).

When spousal support ends or changes

Remarriage. Under MCL 552.13(2), periodic spousal support does not end automatically when the recipient remarries. The paying spouse must petition the court to terminate it; if the court grants termination, it takes effect as of the date of remarriage unless the divorce judgment expressly provides otherwise. Payments that accrued before the remarriage remain owed and collectible.

Death. Periodic spousal support generally terminates on the death of either party unless the judgment states otherwise. Alimony in gross, because it is a fixed vested obligation, may survive as a debt of the estate depending on how the judgment is written.

Cohabitation. Michigan does not have a statute that automatically terminates support on cohabitation, but cohabitation is one of the Olson factors. If the supported spouse's financial situation has materially improved because of a cohabiting relationship, the paying spouse can petition under MCL 552.28 for a reduction or termination based on changed circumstances.

Modification under MCL 552.28. Either party can petition the circuit court to modify a periodic spousal support award by showing a change in circumstances since the original judgment. Courts have broad authority to revise the amount, frequency, or duration of payments. Alimony in gross is not subject to modification except for fraud.

Retirement and job loss. A substantial and involuntary change in the paying spouse's income can qualify as a changed circumstance justifying modification. Voluntary income reduction, such as early retirement at an unusually young age, may receive less deference.

Is spousal support taxable in Michigan?

Michigan income tax generally conforms to federal adjusted gross income, so the federal treatment drives the state tax result for most taxpayers.

Federal rule for agreements signed after December 31, 2018. The Tax Cuts and Jobs Act eliminated the federal deduction for alimony payments and excluded receipt of alimony from the recipient's gross income. For any divorce or separation agreement executed after 2018, the payer cannot deduct spousal support, and the recipient does not report it as income. This applies to all new Michigan divorces as of 2026.

Federal rule for agreements signed before January 1, 2019. Agreements executed before 2019 retain the old rules: the payer deducts payments, and the recipient includes them as taxable income. If such an agreement is modified after 2018 and the modification expressly states that the new tax rules apply, the switch to the post-TCJA treatment takes effect from the modification date forward.

For authoritative guidance on the federal rules, see IRS Topic No. 452 and IRS Publication 504.

Spousal support vs. property settlement. Property transfers incident to divorce are generally not taxable events for either party. Labeling a payment as spousal support rather than a property settlement has significant tax consequences and should be addressed explicitly in any settlement agreement.

Spousal support vs. child support. Child support is never deductible and never taxable income. If a single payment is designated as both child support and spousal support, the IRS treats any amount that falls on a child-related contingency as child support. See Michigan child support laws for details on how child support is calculated separately.

See all alimony laws by state

Legal Disclaimer: This page provides general legal information about Michigan spousal support laws and is not legal advice. Spousal support determinations are highly fact-specific and depend on the circumstances of each case. Consult a licensed Michigan family law attorney for advice about your situation.

Last updated: June 1, 2026.

More Michigan Laws

• Michigan Child Custody Laws
• Michigan Child Support Laws
• Michigan Common Law Marriage Laws
• Michigan Divorce Laws

Frequently Asked Questions

Does Michigan use the word alimony or spousal support?

Michigan courts and statutes use both. The modern court forms and MCL 552.23 use the phrase spousal support. Older statutes such as MCL 552.13 use alimony. The terms are interchangeable in Michigan law and practice.

Is there a spousal support formula in Michigan?

No. Michigan has no statutory formula for spousal support. Judges weigh a 14-factor test that traces to Ianitelli v Ianitelli, 199 Mich App 641 (1993), and Thames v Thames, 191 Mich App 299 (1991), commonly restated in Olson v. Olson, 256 Mich App 619 (2003), and must find the award just and reasonable under MCL 552.23. Some courts reference a non-binding settlement software tool, but it does not carry the force of law.

Which Michigan statute authorizes spousal support?

MCL 552.23(1) is the provision that authorizes support on entry of a judgment of divorce or separate maintenance, and it sets the just and reasonable standard the court applies. MCL 552.13(1) is a different provision: it authorizes support and suit money during the pendency of the action, so it governs temporary awards rather than final ones. MCL 552.13(2) is the remarriage-termination mechanism, and MCL 552.28 is the modification statute.

How long does spousal support last in Michigan?

Duration is entirely up to the court. Short rehabilitative awards of one to three years are common after brief marriages. Long-term or open-ended support is possible after lengthy marriages where one spouse has limited earning capacity. The court considers all of the Olson factors, including the length of the marriage and each spouse's ability to work.

Can a Michigan spousal support order be modified?

Periodic spousal support can be modified under MCL 552.28 if either party shows a change in circumstances since the original judgment. Changes in income, health, or cohabitation can qualify. Alimony in gross, which is a fixed-sum obligation, generally cannot be modified except upon a showing of fraud.

Does spousal support end if the recipient moves in with a new partner?

Michigan has no automatic termination rule for cohabitation. However, the paying spouse can petition under MCL 552.28 to modify or end periodic support if the recipient's financial situation has materially changed because of cohabitation. A judge will weigh cohabitation as one of the Olson factors in the modification hearing.

What is the difference between periodic spousal support and alimony in gross in Michigan?

Periodic spousal support consists of ongoing regular payments that continue until the court modifies or terminates the award, whether for a change in circumstances, the recipient's remarriage, a party's death, or a set end date. Remarriage does not end periodic support automatically; the paying spouse must petition the court, though the court can make the termination effective as of the remarriage date. Alimony in gross is a fixed total sum, paid either at once or in defined installments. Because the total obligation is certain, it is generally not modifiable and may survive the recipient's remarriage unless the judgment provides otherwise.

Is Michigan spousal support taxable income?

For divorce agreements signed after December 31, 2018, federal law (and therefore Michigan income tax, which conforms to federal AGI) treats spousal support as neither deductible for the payer nor taxable income for the recipient. Agreements signed before 2019 retain the older deduction and inclusion rules unless the agreement is later modified with language adopting the new treatment.