Many wealthy people in Michigan think a no-fault divorce means cheating does not matter in court. However, this is a common misunderstanding. Assuming infidelity is legally irrelevant can be risky and may seriously impact someone’s finances.
In reality, no-fault simply means that neither spouse needs to prove a reason to be granted a divorce. Misconduct is not necessary to start a divorce, but it is still a critical factor in settling property division and other terms.
Moving beyond the 50/50 split
Michigan follows an equitable distribution rule when it comes to property division. Courts generally split assets fairly between parties but it is not necessarily an equal 50/50 split.
Judges also consider several factors when dividing assets, including the past relations and conduct of the parties. They can use an affair as a tie-breaker or a justification to award a larger share of the marital estate to the nonoffending spouse.
The financial cost of an affair
When high-earners have an extramarital relationship, they often end up spending a lot of money on their new partner. This usually involves major expenses like designer bags or jewelry, luxury vacations, high-end hotel stays or even rent on a separate apartment.
During a divorce, a judge will look closely at this kind of spending. In the legal world, courts treat using shared marriage money to fund an affair as wasting marital assets. Because this money belonged to both spouses and should not have been spent on someone outside the marriage. During property division, a judge may credit those spent funds back to the marital estate by deducting them from the cheating spouse’s final share.
Spousal support and the multiple factor test
Michigan courts generally consider a number of elements to determine spousal support. In a divorce case that involves adultery, the fault of the parties is a key factor that a judge will take into account.
Infidelity can influence both the duration and the monthly amount of alimony the judge awards. This can lead to an increased financial burden on the paying spouse.
Protecting your interests
In high-asset divorce cases involving business valuations and complex portfolios, infidelity can still reshape the outcome. If you are facing a divorce complicated by adultery or significant assets, your financial future is too important to leave to chance. A lawyer can provide guidance and representation that best fits your circumstances.