Spousal Support is Modifiable Beyond the Term Set by the Trial Court in the Parties’ Judgment of Divorce

In Loutts v Loutts, __ Mich App __; __ NW2d __ (2015) (Docket No. 318468), the Court of Appeals addressed an issue debated among family law attorneys: whether a party could seek to modify and extend an award of spousal support set by a trial court in the parties’ judgment of divorce. After analyzing MCL 552.28 (regarding modification of spousal support) and the Supreme Court’s opinion in Rickner v Frederick, 459 Mich 371; 509 NW2d 288 (1999), the Court of Appeals held that a trial court had the authority to modify and extend spousal support beyond the term set by the trial court, even where the movant did not request the modification until after the term had expired. Loutts, slip op at 5.

The Court of Appeals held, however, that in Loutts, the trial court committed harmless error in failing to interpret the law properly to permit a modification because the moving party failed to establish the requisite change of circumstances to warrant modification and extension of the spousal support. Loutts, slip op at 5. Therefore, if a party seeks to extend spousal support beyond the term set by the trial court, the party may do so even if after the term has expired, so long as the party properly proves a change of circumstances warrant the modification.