Michigan is a “no-fault divorce” state, which means a spouse does not have to prove wrongdoing (such as adultery or abuse) to obtain a divorce. Michigan law only requires that the marriage has broken down and the parties are not likely to reconcile. The issue of “fault” comes into play during property division and spousal support (alimony).
Fault and Property Division in Michigan
Under Michigan law, property is divided equitably between spouses. This does not always mean equally. The Michigan Supreme Court confirmed that marital fault can be considered when dividing property, though it cannot be the sole factor. In deciding what is equitable, courts weigh multiple factors, including but not limited to:
- Length of the marriage
- Contributions of each spouse
- Each spouse’s earning ability
- The needs and circumstances of each party
- The conduct of the parties during the marriage (wrongdoing or “fault”)
Fault and Spousal Support in Michigan
Michigan courts have emphasized that misconduct, especially abuse or adultery, can influence whether spousal support is awarded and how much. A spouse who wasted marital money on an affair may be ordered to pay higher spousal support if their actions in relation to the affair left the other spouse financially disadvantaged.
Some factors judges consider when deciding what amount (if any) of alimony one spouse should receive are:
- Length of marriage
- Each spouse’s ability to work
- Age and health of the parties
- Standard of living during the marriage
- Contributions to the marriage
- The ability to pay support
- Past relations and conduct of the parties
Key Takeaways for Mid-Michigan Divorces
- Having an attorney to advise you during the process and present the evidence in court to have the property divided in your favor is essential.
- No-fault divorce doesn’t make fault irrelevant
- Adultery and waste may reduce a spouse’s share of marital property if their conduct diminished the marital estate.
- Abuse and misconduct may increase spousal support obligations to protect the disadvantaged spouse.
- Judges apply the same principles but have discretion to weigh fault differently depending on the facts.
Why You Need an Experienced Mid-Michigan Divorce Attorney
Because the effect of fault depends on the judge’s discretion and the unique facts of each case, having skilled legal representation is crucial. At The Kronzek Firm, we know that divorce can be emotionally devastating. Especially when it involves abuse or infidelity. We can help you present evidence of misconduct or defend against unfair claims of fault to ensure a just financial outcome. Having an experienced attorney who is familiar with the exceptions and factual nuances involved in marital property division and alimony. Contact us today for a consultation.
📞 Our highly respected attorneys have fought for thousands of Michigan clients for more than 30 years. You can reach our Lansing office 24/7 by calling (517) 886-1000 or by email at contactus@kronzek.law.
[Disclaimer: This content is for informational purposes only and does not constitute legal advice. Consult an attorney for personalized guidance.]