HOW DOES INFIDELITY AFFECT DIVORCE SETTLEMENTS?

There are many reasons why relationships may decline. Sadly, infidelity and cheating are frequent causes of marriages ending in Michigan. Many individuals question how their spouse's actions during the marriage might affect the divorce and the resulting settlement.

The influence of cheating on your Michigan divorce case depends on various factors.

Michigan's Law on No-Fault Divorce

Michigan operates under a no-fault divorce system. In this framework, spouses aren't required to demonstrate that their partner's actions led to the marriage's breakdown. This implies that a spouse doesn't need to provide evidence of issues like infidelity, abandonment, or cruelty to initiate a divorce. In Michigan, the only requirement for a no-fault divorce is to show that the relationship has irretrievably broken down and that there is no reasonable chance of reconciliation.

How Does Infidelity Impact Divorce Settlements in Michigan?

In a no-fault system, determining the impact of infidelity on a divorce settlement can be challenging. If proving the other party's actions caused the marriage breakdown is unnecessary, how does cheating influence a Michigan divorce?

A Michigan judge has significant discretion when considering alimony and property division in divorce proceedings. Cheating and a spouse's past behavior during the marriage can sometimes affect a judge's decision in a divorce settlement. Legal precedent indicates that adultery and infidelity can indeed influence a Michigan divorce settlement.

For instance, in alimony cases, a judge may assess factors such as the past conduct of both spouses and how a spouse's actions contributed to the marriage's breakdown. This consideration also applies to property division. As an equitable distribution state, Michigan divides property in a manner that is fair and equitable to both parties. A judge can evaluate the past relations and conduct of both spouses to decide on a fair division. If a cheating spouse has spent significant marital assets on an affair partner, this may prompt a judge to adjust how property or alimony is awarded.

Does Infidelity Influence Child Support, Child Custody, and Spousal Support?

Infidelity can affect spousal support and property division. But what does it mean for child support and child custody arrangements? The answer varies depending on the specific circumstances, but generally, child custody decisions are based on the child’s best interests. A judge might consider each parent's moral fitness when deciding custody, but adultery is unlikely to influence the court’s decision unless the infidelity somehow endangered the child’s well-being or exposed them to harm. Typically, adultery does not affect child support because Michigan uses a child support formula to calculate what a non-custodial parent owes in child support.

Speak with an Experienced Michigan Divorce Attorney

Marke Gilbert and Associates aims to assist you in achieving the best possible outcome for your divorce, enabling you to progress to the next stage of your life. To explore how your specific circumstances might impact your divorce in Michigan, get in touch with our office to schedule a confidential divorce consultation.