Does Cheating Affect Alimony in Michigan Divorce?

Marriage is a promise of exclusivity, wherein two people vow to honor and cherish each other for the rest of their lives. Most marriage ceremonies imply or explicitly state that this pact is made at the exclusion of all others. In other words, spouses promise to be faithful to one another.

This is why infidelity is so harmful to a marriage, and in many cases, leads to divorce. Cheating is the ultimate betrayal in marriage. If you’re in a divorce situation that involves cheating, you have already been dealt a crushing emotional blow. What about your financial situation? Can you at least look forward to some kind of remuneration for your pain and suffering?

On the other side of the coin, you might be a spouse that has been caught cheating, and this could raise concerns about how your actions will affect your wallet following divorce. What can you expect? Does cheating affect alimony in Michigan divorce cases?

No-Fault Divorce
Michigan is a no-fault divorce state. This means that either spouse in a couple can seek divorce for no reason other than “irreconcilable differences”, for which cheating certainly qualifies, in many cases. What does this mean?

Judges hearing a divorce case do not care if adultery is the cause of the divorce or not. It will not affect their decision to grant divorce. However, the same is not necessarily true of awarding alimony.

Awarding Alimony
It’s natural to assume that because a judge in a divorce case must abide by the no-fault rule, the same applies to alimony, but this is untrue. In fact, it’s just the opposite.

When awarding alimony, judges are required to consider a laundry list of factors pertaining to both parties, including assets/property settlement from the divorce, income/ability to work, length of marriage, age, health, needs, current living situation, prior standards of living, and equity, among other things. Also included are past conduct and each spouse’s fault in causing the divorce.

It may seem antithetical that fault has nothing to do with divorce proceedings and then plays a prominent role in awarding alimony, but the no-fault divorce law is intended to make the divorce process easier (on both the courts and divorcing parties). Awarding alimony is a separate issue, and relative fault for the failure of the marriage can have significant financial impact.

What Can I Expect?
As noted above, several factors go into determining an award of alimony, but infidelity can certainly play a role, especially if it was the contributing factor in the divorce, and/or if the adulterous relationship had a significant impact on a couple’s finances during their marriage (like if the cheating spouse purchased a home, a car, travel, or expensive jewelry for a girlfriend/boyfriend, depleting shared marital assets).

Whether you’ve cheated on your spouse and you’re understandably worried about the impact it will have on alimony or you’ve divorced a cheating spouse and you’re seeking appropriate alimony as a result, you need a qualified Michigan attorney from The Gucciardo Law Firm to guide you through the process. Call us today at (248) 723-5190 to set up a consultation and reach the best possible outcome where alimony is concerned.