Lansing, Michigan Divorce Lawyers – About Property Division and Spousal Support

During the process of divorce, marital property (property that was acquired during the marriage) needs to be divided and spousal support (financial support provided by one spouse to the other) must be determined.  At Sinas, Dramis, Brake, Boughton & McIntyre, P.C., our Lansing, Michigan divorce lawyers can help you and your family divide property and determine alimony in an equitable and fair manner.  Our family law attorneys are skilled in the litigation of complex divorce cases, and they will make sure that a sensible resolution is reached.  Contact our Lansing, Michigan divorce lawyers today to learn how we can help you.

Property Division

Property division can be both time-consuming and emotionally upsetting.  Upon divorce, parties must agree to divide their personal belongings, including home, vehicles, retirement plans, furniture, and other personal belongings that were acquired during the marriage.  There are several factors to consider when dividing property, including:

• Length of the marriage
• Age and health of the parties
• Source(s) of the property
• Needs of all persons involved, including children
• Earning capacity of each party

Property division can be decided during the mediation stage of a divorce.  However, if no agreements can be reached, the court will decide property division during the later stages of the divorce proceedings.  Residents in Lansing, Michigan who are entering into a divorce are encouraged to speak with our lawyers about the division of property, child custody issues, and other factors that may affect the outcome of a divorce. For more detailed information about property division and other matters associated with property, go to property division.

Spousal Support (Alimony)

In many large marital estates and also cases involving long term marriages, alimony (they call it spousal support now) should be considered. The principal purpose of spousal support is to allow both parties to proceed with the balance of their lives after the divorce without impoverishing one party or the other. The factors to be considered in determining the likelihood that spousal support should be awarded to one party or the other and the amount and length of time that spousal support should be paid include the past relations and conduct of the parties, the length of the marriage, the ability of the parties to work, the source of and amount of property awarded to the parties, the age of the parties, the ability of the parties to pay spousal support, the present situation of the parties, the needs of the parties, the health of the parties, and the prior standard of living of the parties and whether either is responsible for the support of others.

Whether spousal support should be awarded and the amount and length of time that the spousal support should be paid are determined on a case by case basis. While all of the above factors are important in determining whether spousal support should be paid, the length of the marriage, the age of the parties and the difference in income of the parties are certainly pivotal in this inquiry. If you have questions regarding spousal support, our Lansing, Michigan family law attorneys have the answers you are seeking.

The Inter-relationship between Property Division and Spousal Support

There are numerous income, capital gain, and other tax implications attendant with property settlement, spousal support, and other elements of a divorce. It is in the area of taxes that the expertise of professionals is critical.

Generally, spousal support is taxable to the recipient and a tax deduction to the payer of the spousal support. This has the effect of making spousal support less expensive then it may appear from the standpoint of gross dollars paid in support, while the recipient of the spousal support receives less because it is taxed to the recipient just as ordinary income.  The same is not true as to child support which is tax free and not deductible. Further, while property transferred between parties in a divorce does not, in and of itself, create a taxable event, there are potentially serious tax consequences associated with the later sale of property transferred after the divorce from the person who received the property in the divorce resolution. The tax implications associated with property settlement and spousal support must be carefully examined in each case.

The issue of spousal support, its duration and amount, are closely related to issues associated with the allocation of property settlement between the parties in a divorce.  This is particularly true in cases involving large marital estates. The court is obligated to examine and consider the amount of property awarded and its income potential when considering spousal support. Conversely, the court must consider the level of spousal support as it examines proposed property settlement allocations between the parties.  Further, there are times when instead of an award of spousal support (or perhaps part of the determination of spousal support) the court may allow for an allocation of property settlement other than 50/50 if spousal support would otherwise be appropriate. In addition, there are tax implications associated with the allocation of the exemptions for the minor or dependant children of the parties.

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Contact Our Family Law Attorneys

If you and your family need a team of experienced family law attorneys in the Lansing, Michigan area, don't hesitate to contact our divorce lawyers today.  At Sinas, Dramis, Brake, Boughton & McIntyre, P.C., we realize that going through the divorce process is difficult and time-consuming.  We will do our best to ensure that the resolutions that are reached are both fair and just.