When Michigan Awards Spousal Support
A Michigan court may award spousal support, in gross or otherwise, as it considers just and reasonable, when the estate and effects awarded to a party are insufficient for suitable support and maintenance, after considering ability to pay, the parties’ character and situation and all other circumstances.
The statute
Upon entry of a judgment of divorce or separate maintenance, if the estate and effects awarded to either party are insufficient for the suitable support and maintenance of either party and any children of the marriage committed to that party’s care, the court may also award to either party the part of the real and personal estate of either party and spousal support out of the real and personal estate, to be paid in gross or otherwise as the court considers just and reasonable (MCL 552.23(1)).
The threshold: an insufficient estate
The court looks first at what each party receives in the property division. If the estate awarded to the party is enough for suitable support and maintenance, the statute does not authorize spousal support; if it is not, the court may award a further part of the other party’s estate or spousal support, or both.
What the court weighs
The statute names the ability of either party to pay, the character and situation of the parties and all the other circumstances of the case. It does not list factors, set a formula or give a maximum term.
Either party can ask
The statute speaks of either party, so a husband or a wife may receive spousal support.
Evidence to gather
A budget for each household, income records for several years, a list of the property each party will receive and its income, health and work history, and the needs of any children in the party’s care.
Questions to bring to an attorney
Ask how a court is likely to view the property you will receive and what evidence shows it is not enough for suitable support.
Next steps
See revising spousal support for changing an award, and the Michigan alimony calculator to test the threshold and a ceiling.
Frequently asked questions
When can a Michigan court award spousal support?
When the estate and effects awarded to a party are insufficient for suitable support and maintenance of that party and the children in that party's care.
Is there a formula for Michigan spousal support?
No. The court awards what it considers just and reasonable.
Can spousal support be paid as a lump sum in Michigan?
Yes. It may be paid in gross or otherwise.
Does ability to pay matter for Michigan spousal support?
Yes. The court must consider the ability of either party to pay.
Can either spouse receive spousal support in Michigan?
Yes. The statute applies to either party.
Official sources
- MCL 552.23: judgment of divorce; further award of estate and spousal support
- MCL 552.28: revision or alteration of alimony
- 2025 Michigan Child Support Formula Manual
A local family law attorney can review your situation — many offer a free consultation.
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.