Can Spousal Support Be Changed After Divorce?

Can Spousal Support Be Ch…

By: Bailey Vos

Spousal support (often called alimony) helps spouses transition financially after divorce. But life changes, including job transitions, income changes, health incidents, remarriage, or changes in custody, can make an existing support order feel outdated, unfair, or unsustainable given the current circumstances.

When significant life changes impact spousal support, you can seek a post-judgment modification, but only under specific conditions set by Michigan law.

Here’s when and how spousal support can be changed after divorce, what the courts consider when doing so, and how to approach a modification with clarity and confidence.

Michigan’s Legal Standard for Modifying Spousal Support

Post-judgment modifications aren’t made willy-nilly. Michigan law only allows changes to spousal support when circumstances change sufficiently to justify revisiting the original order.

Under MCL 552.28, a support order can be modified after divorce when a material change in circumstances is shown and the modification would be appropriate and just.

What Qualifies as a “Material Change in Circumstances”?

This is the ultimate question, as not every life change will justify modifying support. Courts look for changes that are significant, involuntary, and ongoing. Common examples include:

  • Loss of employment or a substantial reduction in income - If the paying spouse loses their job or faces a dramatic drop in earnings, continuing the same support may be unreasonable.
  • Increased income or improved earning capacity - Conversely, if the receiving spouse’s financial situation improves (e.g., new job, better wages), support might be reduced.
  • Health changes for either party - Serious illness or disability can alter financial needs and abilities to pay or receive support.
  • Retirement - Retirement can impact income and lead a court to reassess support based on new financial realities.
  • Parenting time and custody changes - If child-related expenses shift due to custody modifications, support obligations may also be reevaluated.

Statutes don’t list every possible scenario, but the overarching rule here is that the change must be significant enough that it would be inequitable to leave the original order untouched.

What Spousal Support Modifications are Not Allowed

On the flip side, Michigan courts generally will not modify support for reasons that are:

  • Voluntary - For example, quitting a job without good cause
  • Temporary or minor - Such as a one-time expense or short-term downturn
  • Foreseeable and already contemplated at the time of divorce

How to Modify Spousal Support

Support modifications are not guaranteed. And while either party may petition a post-judgment modification, the party requesting a change must demonstrate how and why it should affect support.

Here’s the typical process when seeking a modification:

  • First, you must file a motion or request with the court that issued the original divorce judgment.
  • Next, you must provide documentation showing the changed circumstances (i.e., pay stubs, medical records, tax returns, custody orders, etc.).
  • Then, if required, attend a hearing. In some cases, the court may proceed based on filings alone.
  • Based on the evidence, the court evaluates whether the change is material, ongoing, and justifies revisiting support.

Because support cases often involve financial complexity and evolving laws, having an experienced attorney at your side can make the process smoother and help present your situation accurately.

Practical Tips if You’re Considering a Modification

If you believe a post-judgment modification may be necessary, there are some practical steps you should take to strengthen your case. They include:

  • Documenting everything - This includes income changes, medical issues, job searches, custody changes, etc.
  • Being realistic about timing - Courts typically want evidence of ongoing change, not temporary ups and downs, so that may mean riding out the storm for longer than you’d like.
  • Avoiding voluntary choices that could hurt your case - Something like quitting your job without good reason can weaken a request.
  • Talking to an attorney early - Experienced legal guidance helps you evaluate whether your situation meets the statutory standard, or if you’ll go through the entire process only to end up back where you started.

Contact Us at McKinney Vos for Questions and Support

If circumstances have changed since your divorce and your spousal support order no longer fits your financial reality, Michigan law provides a pathway for review. We can help lead the way.

At McKinney Vos PLLC, we assist clients through every step of divorce and post-judgment spousal support modification. If you’re considering a modification or have questions about your support obligations, reach out today to schedule a free consultation.

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Bailey Vos is a Michigan family law attorney and co-founder of McKinney Vos PLLC, helping families in Grand Rapids and throughout Michigan navigate divorce, custody, and other complex family matters.