Calculation
Michigan: Conservative educational estimate based on need, ability to pay, income disparity, marriage length, marital standard of living, earning capacity, property division, health, age, and Michigan spousal-support factors; no mandatory statewide formula applies. New York: New York uses statutory guideline formulas for temporary and post-divorce maintenance on the payor's income up to the statutory income cap. The formulas are presumptive guideline calculations, but courts may adjust or deviate if the guideline amount is unjust or inappropriate after considering statutory factors. Maintenance above the income cap is discretionary.
Duration
Michigan: Michigan has no fixed statutory duration formula. The court may award support for a short rehabilitative period, a longer transition period, an indefinite period in appropriate long-marriage or disability cases, or no support. Duration depends on need, ability to pay, marriage length, earning capacity, age, health, property division, and equity. Support may terminate or be modified under the order, agreement, remarriage or cohabitation provisions if included, death, changed circumstances, or court order. New York: New York uses a nonmandatory advisory duration schedule for post-divorce maintenance. For marriages up to and including 15 years, guideline duration is generally 15% to 30% of the marriage length. For marriages over 15 years and up to 20 years, guideline duration is generally 30% to 40% of the marriage length. For marriages over 20 years, guideline duration is generally 35% to 50% of the marriage length. Temporary maintenance lasts only while the divorce case is pending.
Modification
Michigan: Periodic alimony may generally be modified upon a substantial change in circumstances unless a judgment or agreement limits modification. Courts review changes affecting financial need, earning capacity, or ability to pay. New York: Maintenance orders may be modified when statutory standards for modification are satisfied, including qualifying changes in circumstances. Separation agreements and judgments may contain additional provisions affecting modification rights.