Revising Spousal Support in Michigan

In Michigan, either party may petition after the judgment, and the court may revise the amount or payment of alimony and make any judgment it could have made in the original action, subject to MCL 552.17.

The revision statute

On petition of either party, after a judgment for alimony or other allowance for either party or a child, and subject to section 17, the court may revise and alter the judgment respecting the amount or payment of the alimony or allowance, and may make any judgment respecting any of the matters that the court might have made in the original action (MCL 552.28).

Either party can ask

Either the payer or the recipient may petition. The statute does not name the change in circumstances needed, so bring evidence of what changed since the judgment: income, health, employment or the needs of the parties.

Section 17

The revision power is subject to MCL 552.17, which addresses the effect of the judgment and agreements. Read the exact words of your judgment or settlement, because a waiver or fixed term in an agreement can limit what a court may do.

Trusts

The same power covers a judgment appointing trustees to receive and hold property for the use of a party or a child: the court may revise how the principal and income of the trust property are appropriated and paid.

Evidence to gather

The judgment, before-and-after income and expense records, medical records and any agreement that mentions modification.

Questions for the negotiation

Decide whether the agreement should fix the amount and term or leave them open to revision, because the court’s power is subject to the agreement.

Next steps

See when spousal support is awarded for how awards are first set and the Michigan alimony calculator to test a ceiling after a change.

Frequently asked questions

Can Michigan spousal support be modified?

Yes. On petition of either party the court may revise the amount or payment of the alimony, subject to section 17.

Who can ask to change Michigan alimony?

Either party, by petition after the judgment.

What does MCL 552.28 cover?

Alimony or other allowance for a party or a child, and trusts holding property for their use.

Does an agreement limit Michigan alimony revision?

It can; the power is subject to section 17, so read the judgment and agreement.

Is there a set standard for revising Michigan alimony?

The statute does not state one; the court may make any judgment it could have made originally.

Official sources

Going through a divorce or custody case in Michigan?

A local family law attorney can review your situation — many offer a free consultation.

Talk to a Michigan attorney

This is general information, not legal advice. It is based on the cited Michigan statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Michigan attorney.