Finding out that your spouse has been unfaithful can cause a rift in your relationship that leads to a divorce. When this occurs, knowing how your situation can impact your future divorce proceedings can help you prepare for what lies ahead.
Does adultery matter in a no-fault state?
Michigan is a no-fault divorce state, meaning that you do not have to prove that your spouse had done something wrong to file. The only requirement is that you testify there has been a breakdown of the marital relationship to the point where it cannot be preserved. This may sound like adultery is irrelevant, but Michigan courts may consider a spouse’s conduct when making decisions about property, spousal support and child custody.
Will infidelity affect the division of assets?
As Michigan operates under an equitable distribution system, the courts will divide the marital property fairly but not always equally. If either spouse had an affair, a judge will evaluate this behavior alongside other standard equitable factors, paying specific attention to:
- Whether the infidelity resulted in marital funds being spent on gifts, trips or financial support for the other person
- Whether the conduct directly disrupted either spouse’s ability to earn income or contribute to the marital estate
- Whether the relationship caused measurable financial harm to the marital estate
Ultimately, if the court finds that one spouse’s infidelity led to a reduction in marital wealth, the judge will typically adjust the final property split to reimburse the wronged spouse for the dissipated funds.
How does it factor into child custody?
The court makes its decision according to the 12 ‘best interests of the child’ factors, and adultery can touch on a few of them. These can include:
- Whether the conduct reflects on either parent’s moral fitness or ability to effectively function as a parent
- Whether the affair disrupted the stability of the home environment or exposed the children to inappropriate situations
- Whether the infidelity impacts either parent’s willingness to encourage a close and continuing relationship between the child and the other parent
It is also worth knowing that an affair on its own does not make someone an unfit parent. A judge would need to see evidence that the behavior affected the children, such as neglecting parental responsibilities during the marriage.
Is spousal support impacted as well?
Spousal support is another area where adultery can carry real weight. For example, a judge can look at who played a role in ending the marriage. If the spouse requesting support is the one who committed adultery, the court may view that conduct unfavorably when deciding whether an award is appropriate.
On the other hand, financial considerations still drive much of the analysis, as earning capacity, the length of the marriage and the standard of living both spouses maintained during it all carry significant weight in the final determination.