Michigan Compiled Laws

Mich. Comp. Laws § 552.13 (2026)

Alimony; costs; termination.

✓ current as of July 2026

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Revised Statutes of 1846

R.S. of 1846

552.13 Alimony; costs; termination.

Sec. 13.

(1) In every action brought, either for a divorce or for a separation, the court may require either party to pay alimony for the suitable maintenance of the adverse party, to pay such sums as shall be deemed proper and necessary to conserve any real or personal property owned by the parties or either of them, and to pay any sums necessary to enable the adverse party to carry on or defend the action, during its pendency. It may award costs against either party and award execution for the same, or it may direct such costs to be paid out of any property sequestered, or in the power of the court, or in the hands of a receiver.

(2) An award of alimony may be terminated by the court as of the date the party receiving alimony remarries unless a contrary agreement is specifically stated in the judgment of divorce. Termination of an award under this subsection shall not affect alimony payments which have accrued prior to that termination.

History: R.S. 1846, Ch. 84 ;-- CL 1857, 3234 ;-- CL 1871, 4745 ;-- How. 6235 ;-- CL 1897, 8628 ;-- CL 1915, 11404 ;-- CL 1929, 12735 ;-- CL 1948, 552.13 ;-- Am. 1951, Act 18, Imd. Eff. Apr. 5, 1951 ;-- Am. 1970, Act 182, Imd. Eff. Aug. 3, 1970 ;-- Am. 1974, Act 364, Eff. Apr. 1, 1975

PopularName Notes:

No-Fault Divorce

Notes of Decisions

Cited in 130 cases (38 in the last 5 years), 1953–2026 · leading case: Gates v. Gates, 664 N.W.2d 231 (Mich. Ct. App. 2003).

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Gates v. Gates, 664 N.W.2d 231 (Mich. Ct. App. 2003). · cites it 4× “§ 552.13 permits a trial court to award spousal support that it determines to be "just and reasonable.”

Schubiner v. Zolman (In re Schubiner), 590 B.R. 362 (Bankr. E.D. Mich. 2018). · cites it 4× “" See Mich. Comp. Laws Ann. § 552.13 (1). The separation action is also known as an "action for separate maintenance.”

Reed v. Reed, 693 N.W.2d 825 (Mich. Ct. App. 2005). · cites it 2× “§ 552.13, and court rule, MCR 3.206(C). Nevertheless, attorney fees are not recoverable as of right in divorce actions.”

Stackhouse v. Stackhouse, 484 N.W.2d 723 (Mich. Ct. App. 1992). · cites it 5× “Because we find no controlling authority, we consider the question open as a matter of Michigan law and thus look to other jurisdictions for guidance. Some state courts have followed defendant’s reasoning that because the death of a party to a pending action for divorce abates…”

Charlton v. Charlton, 243 N.W.2d 261 (Mich. 1976). · cites it 4× “98 was repealed which gave special rights to the wife. MCLA 552.19, 552.20, 552.21, 552.”

Nathan v. Libra (In re Libra), 584 B.R. 550 (Bankr. E.D. Mich. 2018). · cites it 4× “§§ 552.13 and 552.23. Trustee's reliance on In re Chambers and In re Carbaat is misplaced.”

George v. Gelman, 506 N.W.2d 583 (Mich. Ct. App. 1993). · cites it 2× “” Rubel v Brimacombe & Schlecte, PC, 86 Bankr 81, 83 (ED Mich, 1988).”

Borowsky v. Borowsky, 733 N.W.2d 71 (Mich. Ct. App. 2007). “Reed v Reed, 265 Mich App 131, 164 ; 693 NW2d 825 (2005), citing MCL 552.13; MCR 3.206(C). “A party to a divorce action may be ordered to pay the other party’s reasonable attorney fees if the record supports a finding that such financial assistance is necessary to enable the…”

Olson v. Olson, 729 N.W.2d 908 (Mich. Ct. App. 2007). · cites it 3× “3 In this case, the award of attorney fees and costs was ancillary to the judgment of divorce, pursuant to MCL 552.13(1), 4 as plaintiff *352 notes.”

Kurz v. Kurz, 443 N.W.2d 782 (Mich. Ct. App. 1989). · cites it 2× “We find no abuse of discretion. In this state, the general rule regarding the recovery of attorney fees and costs by a party in a divorce action is that such are not recoverable as a matter of right.”

Stoudemire v. Stoudemire, 639 N.W.2d 274 (Mich. Ct. App. 2002). “VI Defendant lastly argues the trial court abused its discretion in refusing to award her expert fees and more than $5,000 in attorney fees. Defendant states that she should not be required to pay her attorney fees and expert fees out of her spousal support or nominal property…”

Smith v. Smith, 748 N.W.2d 258 (Mich. Ct. App. 2008). ““In domestic relations cases, attorney fees are authorized by both statute, MCL 552.13, and court rule, MCR 3.206(C).”

Show all 130 citing cases →

— Mich. Comp. Laws § 552.13(1) — 61 cases

George v. Gelman, 506 N.W.2d 583 (Mich. Ct. App. 1993). “” Rubel v Brimacombe & Schlecte, PC, 86 Bankr 81, 83 (ED Mich, 1988).”

Olson v. Olson, 729 N.W.2d 908 (Mich. Ct. App. 2007). “3 In this case, the award of attorney fees and costs was ancillary to the judgment of divorce, pursuant to MCL 552.13(1), 4 as plaintiff *352 notes.”

Kasben v. Hoffman, 751 N.W.2d 520 (Mich. Ct. App. 2008).

Hawkins v. Murphy, 565 N.W.2d 674 (Mich. Ct. App. 1997).

Ianitelli v. Ianitelli, 502 N.W.2d 691 (Mich. Ct. App. 1993).

— Mich. Comp. Laws § 552.13(2) — 5 cases

Harbaugh v. Sweet (In Re Harbaugh), 257 B.R. 485 (E.D. Mich. 2001).

Ianitelli v. Ianitelli, 502 N.W.2d 691 (Mich. Ct. App. 1993).

Pierce v. Pierce, 420 N.W.2d 855 (Mich. Ct. App. 1988).

Kirk Jon Bush v. Lori Lynn Bush (Mich. Ct. App. 2025).

Lamis H Elahham v. Mohamad B Al-Jabban (Mich. Ct. App. 2017).

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