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Does The Person Who Cheats Get Alimony in Michigan?

Does The Person Who Cheats Get Alimony in Michigan?

Many spouses assume that a cheating partner won’t or can’t get spousal support (also called alimony), but that’s not necessarily true. Martial fault, including cheating, can be a factor in alimony decisions, but there’s no law saying a cheating spouse can or can’t get spousal support.

The Plymouth divorce lawyer at Selleck Legal, PLLC, knows cheating is a sensitive topic in divorce proceedings and can provide the experienced legal guidance you need during this challenging time.

Do You Need to Prove Fault to Get Divorced in Michigan?

Michigan is a no-fault divorce state, so you don’t have to prove your spouse cheated or need other legal justification to get a divorce. All that matters is whether one or both spouses believe the marriage has broken down beyond the point of fixing it. In fact, the person filing for divorce in Michigan can’t cite any kind of fault in the complaint they file to begin the divorce.

How Cheating Impacts Alimony Awards in Michigan

The courts consider many factors when deciding whether to award alimony to a spouse and how much financial support they will receive. Furthermore, although Michigan is an equitable distribution state for the purposes of dividing marital property, Michigan law allows the separate property of a spouse to be considered in certain circumstances. Some factors judges consider when making alimony decisions include:

  • The length of the marriage
  • Each spouse’s contributions to the marriage and the raising of any children from the marriage, including non-financial contributions
  • Each spouse’s age, health, education, earning potential, and ability to work
  • Any prior child support or alimony agreements
  • Marital fault by either or both spouses

The extent to which cheating will impact a judge’s alimony decision depends on the judge and the circumstances of a particular case. In many cases, a judge may reduce a cheating spouse’s alimony award because of their actions. Similarly, a judge might give a spouse a larger alimony award if the other spouse cheated on them.

However, a judge might ignore a cheating spouse’s behavior and focus more on other factors in the marriage. Because there’s no definitive rule on how cheating impacts alimony, it’s up to spouses and their legal teams to make a persuasive case to the courts or work out a settlement themselves.

How We Can Help in Divorce Cases Involving Cheating Spouses

Whether your spouse cheated on you or you cheated on your spouse, working with an experienced attorney is essential to protecting your rights during divorce proceedings. Regardless of how an extramarital affair affected your marriage, we can help you gather persuasive evidence to make your case to the judge. We’ll handle all the paperwork and legal procedures while you focus on your next steps and position yourself to move on from your marriage.

Selleck Legal, PLLC, understands the strong emotions and legal issues related to divorces involving cheating spouses. Call us today at (734) 729-4459 or complete our contact form for a free case evaluation.

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