Okemos Divorce Attorney
As a local divorce lawyer, I take pride in advocating for clients across central Michigan, including Okemos and throughout Ingham County. I am Jennipher Martinez, and with three decades of experience in family law, I am honored to offer the support of my firm, Martinez Family Law, PLLC, to residents in need.
Whether my clients are involved in a contested divorce or a high-asset divorce, or they are interested in divorce mediation, I can offer experienced insight and dynamic guidance to help them overcome this legal separation and begin building for the future.
How Are Spousal Support Payments Calculated?
When a judge awards spousal support, they must first examine various details to calculate a fair payment amount. One of the main spousal support factors considered is the actual length of the marriage. Couples married for a longer period of time will likely receive larger payments. Next, they will evaluate the earning capacity of both parties, which can be affected by the age and health of each spouse.
The standard of living during the marriage will additionally impact alimony payments as the spouse receiving support is entitled to continue enjoying their current lifestyle. The financial and nonfinancial contributions each spouse provided will also affect the final payment amount. Finally, courts can increase or decrease spousal support payments based on how the judge divides marital property. As a skilled divorce attorney, I can help you determine if spousal support is likely to be awarded in your divorce.
How Do Judges Divide Custody Time?
Michigan child custody laws denote that judges do not need to split parenting time schedules equally; instead, they should create them with the best interests of the child in mind. Numerous factors can play into a judge’s final decision, but in most cases, they will consider the following elements:
- Parental capacity: A parent’s capacity to care for their children and willingness to support the child’s relationship with their ex-spouse.
- The child’s needs: The child’s medical, emotional and physical requirements play a large role in determining which parent can provide sufficient care.
- Practicalities: Each parent’s schedule, home life and ability to provide transportation to school events or other activities.
- History of care: Which parent has typically provided care in the past for their children.
In addition to each of these components, in certain situations where the child is old enough, judges may also consider their preference, though it will not be the driving force in their decision.
What Factors Impact Retirement Asset Division?
Michigan utilizes the equitable distribution method when deciding how to distribute retirement assets during a divorce. This means that the court will strive to reach a fair, but not equal, split. To come to their conclusion, judges will examine each spouse’s contributions during the marriage, the length of the marriage and the health and age of each spouse.
However, all contributions to a retirement account made before the marriage are separate property and will not be subject to division. Moreover, in many cases involving retirement accounts, spouses will incorporate qualified domestic relations orders to avoid tax consequences when transferring portions of their retirement assets. This can affect the final division of assets as spouses may not attempt to negotiate in order to preserve their funds when taxes are not a concern.
Providing Supportive And Transparent Guidance To Okemos Clients
Spouses who are filing for divorce in Michigan require urgent counsel from a local divorce attorney. I am prepared to provide my services to Michigan spouses in a moment’s notice. To learn more about how I can help, contact my office at 517-684-0212 or through email.