Can Infidelity Affect Divorce Settlements in Michigan?

Relationships can deteriorate for numerous reasons. Unfortunately, one common reason that marriages don’t last in Michigan is infidelity and cheating. Many people wonder how their spouse’s behavior during a marriage may impact a divorce and subsequent divorce settlement.

Whether cheating during a marriage can impact your Michigan divorce cases depends on several factors.

Michigan’s No-Fault Divorce Law

Michigan follows a no-fault divorce model. Under this system, spouses do not need to prove that the other spouse’s actions caused the marriage to break down. That means a spouse does not need to prove issues such as infidelity, abandonment, or cruelty to file for divorce. The only thing you need to demonstrate in Michigan for a no-fault divorce is that the relationship has broken down, and there is no reasonable likelihood of a reconciliation.

When Does Infidelity Affect Divorce Settlements in Michigan?

In a no-fault system, it can be difficult to know whether infidelity can affect a divorce settlement. If you don’t have to prove the other person’s actions caused the breakdown of the marriage, how does cheating affect a Michigan divorce?

A Michigan judge has broad discretion when addressing alimony and property division in divorce cases. Sometimes, cheating and a spouse’s past behavior during the marriage can impact how a judge rules in a divorce settlement. Legal precedent says that, yes, adultery and infidelity can affect a Michigan divorce settlement.

For example, in the case of alimony, a judge can evaluate factors such as both spouses’ past conduct and how a spouse’s actions contributed to the marriage’s breakdown. The same may be true for property division. Michigan is an equitable distribution state, which means property is divided in a way that is fair and equitable to both parties. The past relations and conduct of both spouses are factors a judge can evaluate to determine what would be a fair split between partners. If a cheating spouse spent significant marital assets on the affair partner, that may be reason enough for a judge to shift how they award property or alimony.

Can Infidelity Affect Child Support, Child Custody, and Spousal Support?

Infidelity can impact spousal support and property division. However, what does infidelity mean for child support and child custody arrangements? The answer depends on the unique factors of the situation, but in general, child custody arrangements are based on the child’s best interests. While a judge may consider the moral fitness of each parent when determining a custody arrangement, adultery is not likely to play into the court’s decision unless the parent’s infidelity in some way endangered the child’s well-being or exposed them to harm.

Typically, adultery does not impact 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

The Traverse City family law team at Alward Fisher wants to help you resolve your divorce as favorably as possible so you can move forward with the next chapter of your life. To discuss how your unique situation may affect your Michigan divorce, contact our office and arrange a confidential divorce consultation.