Michigan Spousal Support Calculator | MCL 552.13 & 552.23

Income Information

Payor's Gross Monthly Income :

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Recipient's Gross Monthly Income :

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Income Disparity Ratio:

Monthly Child Support Obligation :

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Marriage Details

Marriage Duration (years):

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Separation Date :

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Marriage less than 5 years? (MCL 552.23 - support uncommon)

Marriage 20+ years? (MCL 552.23 - may justify permanent support)

Is recipient custodial parent? (MCL 552.23 factor)

Michigan-Specific Factors (MCL 552.23 & Loutts v Loutts)

Michigan County :

Support Type :

Domestic violence involved? (MCL 552.23 factor - may increase support)

Under MCL 552.23 & Loutts v Loutts:

Courts may increase support 10-20% for domestic violence victims
May qualify for longer duration

Fault-based divorce? (Michigan is no-fault - MCL 552.23 rarely considers fault)

Under Michigan Law:

Michigan is primarily no-fault under MCL 552.23
Only economic misconduct may affect awards

Professional License Held By: (MCL 552.23 factor - contributions to education)

Likelihood of Recipient Cohabitation: (MCL 552.28 - modification grounds)

Needs and Resources (MCL 552.23 Factors)

Recipient's Housing Costs ($/mo):

Health Insurance Costs ($/mo):

Education/Training Costs ($/mo):

Recipient's Debt Obligations ($/mo):

Other Essential Expenses ($/mo):

Payor's Essential Expenses ($/mo):

Payor's Current Age: (MCL 552.28 - retirement modification)

Earning Capacity (MCL 552.23 & Loutts factor #9)

Recipient's Education Level:

Years Recipient Was Out of Workforce:

Recipient Sacrificed Career for Marriage? (Loutts factor)

Recipient has disability? (MCL 552.23 factor)

Duration Factors (MCL 552.23)

Maintain marital standard of living? (Loutts factor)

Significant separate property? (MCL 552.23 factor)

Age Difference (years):

Recipient's Current Age:

Legal Authority - Michigan Compiled Laws:
• MCL 552.13 - Temporary spousal support during divorce proceedings
• MCL 552.23 - Permanent spousal support after judgment of divorce
• MCL 552.28 - Modification of spousal support upon showing of changed circumstances
• Loutts v Loutts, 298 Mich App 21 (2012) - Establishes 14-factor test for support determination

Tax Note: For divorces finalized on/after Jan 1, 2019, support is NOT deductible by payor and NOT taxable to recipient (TCJA 2017).

Under MCL 552.23 & TCJA 2017: For divorces finalized on/after January 1, 2019, spousal support payments are not deductible by payor and not taxable to recipient.

Support Type Determination (MCL 552.13 vs MCL 552.23)

Recommended Support Type:

Monthly Support Amount (Under MCL 552.23)

Guideline Amount:

Duration of Support (Under MCL 552.23 & Loutts)

Recommended Duration:

Judicial Considerations (14 Loutts Factors)

Likely Range:

Key Factors Applied:

Michigan Spousal Support Legal Authority

MCL 552.13 - Temporary Spousal Support

Michigan Compiled Laws § 552.13

Governs temporary support during divorce proceedings. Courts may order either spouse to pay suitable support to the other pending final judgment.

MCL 552.23 - Permanent Spousal Support

Michigan Compiled Laws § 552.23

Primary statute for post-divorce spousal support. Courts may award support out of the payor's real and personal estate or earnings as considered just and reasonable.

Loutts v Loutts (2012) - 14-Factor Test

298 Mich App 21 (2012), reaffirmed 2024

The 14 factors include: length of marriage, parties' ages and health, earning capacity, standard of living, needs, ability to pay, contributions to marriage, and more.

Myland v Myland (2021) - Retirement Modification

334 Mich App 626 (2021)

Under MCL 552.28, retirement at a reasonable age constitutes a substantial change in circumstances justifying modification of spousal support.

Berger v Berger (2023) - Cohabitation

Unpublished COA Docket No. 361524

Cohabitation alone does not automatically terminate support under MCL 552.28; requires proof of financial interdependence.

FAQs: Michigan Spousal Support Law (MCL 552.13, 552.23, 552.28)

What is the difference between MCL 552.13 and MCL 552.23?

MCL 552.13 governs temporary spousal support during the divorce proceedings. MCL 552.23 governs permanent spousal support after the divorce is finalized. Courts apply the same 14 Loutts factors to both, but temporary support ends when the divorce is final.

MCL 552.13; MCL 552.23; Loutts v Loutts, 298 Mich App 21 (2012)

Is there a formula for spousal support under Michigan law?

No. Unlike child support (which has the Michigan Child Support Formula), MCL 552.23 does not provide a mathematical formula. Judges have broad discretion and apply the 14-factor test from Loutts v Loutts. The informal "30-40% of income difference" benchmark is common among attorneys but not legally binding.

MCL 552.23; Loutts v Loutts, 298 Mich App 21 (2012)

How does marriage length affect support under MCL 552.23?

Under MCL 552.23 and Loutts, marriage duration is a primary factor:

Under 5 years: Spousal support is uncommon unless exceptional circumstances exist.
5-20 years: Support is more likely, often 30-60% of marriage length.
20+ years: May qualify for permanent or long-term support.

MCL 552.23; Loutts v Loutts factor #1

Can spousal support be modified under Michigan law?

Yes. MCL 552.28 allows modification upon showing of a "substantial and continuing change in circumstances." Examples include:

Payor's retirement at reasonable age (Myland v Myland, 2021)
Recipient's remarriage (automatic termination under MCL 552.28)
Significant income changes for either party
Disability or health issues

MCL 552.28; Myland v Myland, 334 Mich App 626 (2021)

Are spousal support payments taxable under current law?

For divorces finalized ON OR AFTER January 1, 2019: Under the Tax Cuts and Jobs Act of 2017, spousal support payments are NOT deductible for the payor and are NOT taxable income for the recipient.

For divorces finalized BEFORE January 1, 2019: The old rules apply - payments are deductible for payor and taxable to recipient.

Tax Cuts and Jobs Act of 2017; Internal Revenue Code §71

Does fault or adultery affect spousal support in Michigan?

Michigan is a no-fault divorce state. Under MCL 552.23, the reasons for divorce are generally not considered when awarding support. However, economic misconduct (hiding assets, intentional unemployment) may be considered. Adultery alone does not affect support awards.

MCL 552.23; Olson v Olson, 256 Mich App 619 (2003)