If charged with domestic violence in Michigan, there could be a divorce coming next, either started by your spouse or by you. If a divorce is filed then spousal support is possible.
In Michigan spousal support is determined by 11 factors:
- past relations and conduct of the parties
- the length of the marriage
- the ability for the parties' to work
- source and property awarded to the parties
- the age of the husband and wife
- the ability of a party to pay spousal support
- the present situation of the husband and wife
- the needs of each person
- the health of each person
- the prior standard of living, and whether the parties support others (kids)
- what's fair and equitable?
If spousal support is granted it can be modified due to a change in the circumstances unless the parties have previously agreed that spousal support will be barred from modification This is different than child support in Michigan divorce cases, which the parties cannot make any agreements about modification.
A person receiving spousal support in Michigan will no longer be entitled to the support if they re-marry, absent an agreement between the parties. Simply living with an other adult is not considered the same as re-marriage by purposes of terminating spousal support. If the payor dies, this does not terminate the obligation to pay the other spouse; the recipient spouse is entitled to continued support from the estate of the payor spouse. It may be advisable for the recipient spouse to have a life insurance policy for continued payment if the payor spouse passes away.