Adultery in Michigan - Does Cheating Affect Alimony?

Cheating can cause the end of a marriage, and while some states have elected to settle divorces without relation to fault, other states consider marital misconduct in divorce proceedings. In many states marital misconduct such as adultery and infidelity can result in a larger alimony payment.

As many spouses know, cheating often has consequences. Aside from the effect of cheating on the marriage itself, cheating may affect the divorce process and any alimony awards received by the spouses. Each state varies on how exactly adultery will affect an alimony award, and so this article is intended to clarify that issue for the state of Michigan.

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The Nature of Divorce in Michigan

Before discussing whether adultery or cheating would affect an award of alimony or spousal support, the nature of divorce in Michigan must be examined.Michigan is a no-fault divorce state.¹ This means that in determining whether a married could is entitled to divorce, marital misconduct such as adultery is irrelevant. However, that does not mean that marital misconduct plays no role in other parts of the divorce process.

About Michigan Alimony Rules

Michigan law grants divorce courts the power to award alimony during divorce proceedings.² However, unlike many other states, the Michigan alimony statutes are quite vague. Under Michigan’s alimony laws, courts asked to consider alimony must simply consider:

1. The ability of either spouse to pay alimony;
2. The character and situation of the parties; and
3. All other circumstances that are relevant.³

This lack of statutory specificity has caused Michigan’s courts to step in and provide more specific guidelines for alimony disbursements. Two landmark cases, Olson and McClain which were decided by the Court of Appeals of Michigan, have established a series of guidelines that help divorce courts award appropriate amounts of alimony.⁴ The primary consideration of the Olson-McClain factors is fairness, but more specifically, courts will consider:

• The length of the marriage and standard of living during the marriage;
• The ability of the spouses to work and their relative earning capacities;
• The amount of property owned by each spouse after divorce;
• The age and health of the spouses;
• Each spouses’ present situation and financial needs; and
• The conduct of the spouses and fault.

The Effect of Adultery and Other For-Cause Grounds for Divorce on Alimony

The Olson-McClain factors make it clear that Michigan divorce judges should consider the conduct of the spouses and whether fault on the part of either spouse caused the breakdown of the marriage. This means that adultery can absolutely affect an award of alimony. That said, no factor exists alone in a vacuum and the court must consider all of the factors before making an alimony award.

The Verdict:

Michigan divorce judges may consider a spouse’s adultery in awarding alimony payments. This is because the Michigan Court of appeals has interpreted the Michigan alimony statute broadly to account for marital fault even though Michigan is a no-fault divorce state.

If your spouse has been cheating on you and you plan to sue for divorce, you should consider contacting a local divorce attorney for assistance. Divorces involving adultery claims tend to be very messy lawsuits and will be very difficult to litigate on your own. Your rights can be best protected by proactively protecting your ability to succeed in your divorce litigation.

Note: This article is not legal advice. Please consult a lawyer for your specific situation.