Does Cheating Affect Divorce Settlement in Michigan?

Cheating concept

Adultery is one of the shortest paths from seeming “happily married” to contemplating divorce. Many spouses file divorce paperwork within days of learning about their spouses’ romantic affairs. But does cheating affect divorce settlement in Michigan? How will the Courts consider what happened in resolving your case?

The Interaction Between Cheating and Divorce Under Michigan Law

Michigan is a “no fault divorce” state, but that doesn’t mean that cheating can’t affect your divorce settlement or parenting time.

Under Michigan law, neither spouse has to prove the other did anything wrong to terminate the marriage (that’s the “no fault” part). But fault is still a factor the Court can consider when deciding things like:

  • Spousal support
  • Property division
  • Parenting time (under limited circumstances)

If one or both spouses have had affairs during the marriage, it can make the resulting divorce litigation more complicated, more emotional, and more expensive. If the bonds of matrimony have already broken down to the point of going outside the marriage for love and affection, it is undoubtedly wise to wait until well after the case is done and the judgment of divorce is signed by the judge before pursuing the next relationship. If that next relationship is “meant to be,” it will withstand the wait.

How Judges View Fault Like Adultery in Divorce

Michigan divorce law allows judges to consider fault as “one factor among many” when deciding:

  • Division of parties’ assets (property division)
  • Whether to award spousal support (alimony)

An affair is one kind of fault, and is often the cause of the breakdown of the marital relationship that causes the complaint to be filed in the first place. This can open the door to requesting a property division that favors the non-cheating spouse or recoups expenses related to the affair. It can also justify a spousal support award to a spouse caught unawares who suddenly must support themselves.

But that doesn’t mean cheating will necessarily have a big effect on the Judge’s decision at a divorce trial. Even in cases of extreme fault – like domestic violence – the scales in a property settlement will not tip that far from being equal. Even a 70/30 split has been reversed on appeal. A case based on an affair may have less effect than that.

Why Affairs Often Don’t Change the Outcome Dramatically

This is because affairs do more emotional harm than practical/financial damage. Unlike other kinds of fault (like gambling addictions or concealed assets), most adultery doesn’t directly affect marital assets or debts. At most, the non-cheating spouse may be able to demonstrate the cheating spouse was giving money to their affair partner, spending marital assets on trips or hotel stays, or giving their partner gifts. That means a Judge is less likely to believe that a substantial monetary award is “fair and equitable” under all the circumstances. In some cases, especially when the new romantic relationship starts after the parties have separated, judges may even see the affair as a result, rather than a cause, of the breakdown of the marital relationship. But that doesn’t make an affair any less hurtful. In fact, hearing your spouse describe the problems in the marriage that may have stemmed from your own action or inaction, can make it all the more painful to litigate over your spouse’s affair.

How Cheating Affects Parenting Time

It is not a given that cheating will affect custody or parenting time. The focus on the children’s well-being will be at the heart of this issue. Divorce can be destabilizing for children, so adding a parent’s new partner to the equation can cause them emotional harm, at least until they adjust to having divorced parents. Reason dictates that a parent who has moved on to the next relationship should take sufficient time to ensure that relationship is permanent and the children are ready for it, before introducing the children to the new partner.

How Cheating Affects Divorce Settlement

The biggest way that cheating affects divorce settlement has nothing to do with Michigan family law, or the judge. It has everything to do with the hard feelings an affair can cause between the parties, and sometimes the guilt the cheating partner may feel about their affair.

  • Over 90% of Michigan divorce cases result in a divorce settlement agreement, not a trial.
  • That means in most cases, the parties come to an agreement themselves, rather than asking the Judge to rule on their case.

Coming to a divorce settlement depends on both parties putting aside their feelings of what is “right” or “deserved” to reach a resolution that is fair to both sides. It requires both sides giving a little to meet in the middle in the interests of peace, finality, or even just saving some time and money on attorney fees. But that is a lot harder to do in high-conflict cases.

Romantic affairs are more harmful on an emotional level than many other kinds of fault in a Michigan divorce action. That can make it a lot harder for a spouse to set aside those hard feelings and think about a settlement offer objectively. When fault is a factor, it can take a lot more work to reach a settlement. Often, the person who had the affair will have little choice but to compromise more to overcome the harm caused by their actions. If the parties are unwilling to bend or put their feelings aside, they may well end up going to trial and leaving it up to the judge.

Contact us at Nichols, Sacks, Slank, Sendelbach, Buiteweg & Solomon, P.C.

At NSSSB, we have decades of experience helping spouses resolve difficult issues including adultery in their divorce. We understand how emotions from cheating can affect divorce settlement. We can help you develop your case, objectively consider settlement options, and address the emotional issues that arise along the way. Call 724-994-3000 or click here to schedule a consultation with an attorney. We will listen to the details of your situation, answer your questions, and help you decide the best course of action for the dissolution of your marriage.

Categories: High Asset Divorces