How Can Adultery or Infidelity Affect a Michigan Divorce?

 Posted on April 12, 2021 in Divorce

Infidelity is a painful and confusing reality for many married couples, and it often leads to divorce. A common misconception is that cheating dictates how a divorce will play out, but that is not how the law works in Michigan. The courts look at many factors, and adultery only matters in certain situations. At Elkouri Heath, PLC, our Oakland County, MI divorce lawyers can explain how adultery might impact the divorce process in your case.

What Are Valid Grounds for Divorce in Michigan?

Michigan is a no-fault divorce state under MCL 552.6. This means you do not need to prove that your spouse had an affair. You just have to show that the marriage is broken and cannot be repaired. The judge does not assign blame, and the court is not allowed to punish a spouse for causing the divorce. Even under Michigan’s no-fault system, cheating can still matter if it creates financial problems or affects the children’s stability.

How Does Cheating Affect the Emotional Side of Divorce?

Divorces involving infidelity are often the most emotional. Hurt feelings and stress may make it harder to communicate or plan for the future. Emotional pressure can also affect financial decisions or parenting conversations. Some people choose to meet with counselors or therapists during the divorce. Doing so can help keep communication calm and allow you to stay focused on your long-term goals.

Steps that may help you stay grounded during a divorce involving infidelity include:

• Focusing on children and financial issues

• Documenting important financial activity

• Speaking with an attorney before making major decisions

• Avoiding discussions about the affair in front of the children

• Maintaining routines to support emotional stability

These steps can help you stay organized and protect your well-being as the divorce moves forward.

Does Cheating Affect Property Division in Michigan?

In Michigan, MCL 552.19 gives judges the power to divide assets based on what is reasonable for each spouse. This arrangement is commonly known as "equitable distribution." Your property is divided fairly, but not always equally.

Cheating in and of itself does not reduce a spouse’s share of marital property. The only time infidelity becomes relevant is when it affects the couple’s finances. This often happens when a spouse wastes marital money on the affair. Judges call this dissipation of assets, and it matters because it harms the couple’s shared financial resources.

Examples of financial behavior related to an affair that can affect how the court divides property include:

• Spending marital money on hotels, trips, or expensive gifts for a romantic partner

• Opening secret credit cards or bank accounts to conceal spending

• Using joint savings to support a new relationship or personal lifestyle

• Transferring funds to another person to hide assets before filing for divorce

• Making large withdrawals or purchases without the other spouse’s knowledge

If the judge decides that your spouse wasted or misused marital money, the court may give you a larger share of the remaining assets to make things fair. This helps balance out what you lost.

Does Cheating Affect Spousal Support in Michigan?

Spousal support is based on many factors. Under MCL 552.23, a judge may award support when it is necessary and fair. The court looks at income, health, work history, earning ability, age, and financial need. The spouses’ conduct might also be taken into consideration. This means infidelity may matter, but it is not typically the deciding factor.

The judge will take a close look at how the affair affected your financial situation. This is when they might consider whether the affair left you with extra financial stress. The goal is to understand how the affair impacted your stability and to make sure the final outcome is fair to you.

How Does Cheating Influence Custody and Parenting Time Decisions?

Cheating does not automatically change who gets custody or how much time each parent spends with the children. Under MCL 722.23, Michigan courts must decide custody and parenting time based on what is in the best interests of the child. The law focuses on what helps the child feel safe and supported, not on punishing a parent for an affair. Judges look at how each parent meets the child’s emotional, physical, and educational needs. They also consider whether each home is stable and safe. An affair alone usually does not change these factors.

Infidelity can matter when it affects a child’s daily life or routine. For example, if a parent spends too much time with a new partner and stops being involved in the child’s care, the judge may see that as a problem. A new relationship can also cause tension or sudden changes in living arrangements. If this makes the child uncomfortable or disrupts stability, the court may change custody or parenting time to create more balance.

Judges also look at how parents make decisions. If an affair exposes the child to unsafe people, arguments, or emotional stress, the court takes that seriously. But if the affair stays private and does not harm the child, it usually will not affect the outcome.

Can Infidelity Affect Mediation in Michigan?

Mediation gives you and your spouse a private way to work through disagreements with the help of a neutral third party called a mediator. Under MCL 552.513, Michigan courts can refer couples to mediation to settle divorce issues such as property, support, and parenting time. This process helps you talk through problems and make decisions without a judge deciding everything for you.

When infidelity is part of the marriage, emotions can make the process harder. Cheating often causes anger and mistrust. You may feel uncomfortable sharing financial details or talking about personal issues. A skilled mediator can help manage these emotions and keep the conversation calm and respectful. Even when emotions run high, mediation can make the divorce process smoother.

Contact Our Novi, MI Divorce Attorneys Today

At Elkouri Heath, PLC, our attorneys have spent many years assisting families through difficult transitions. We provide steady guidance, compassionate representation, and personal attention throughout the process. Call 248-344-9700 to schedule your free consultation with one of our experienced Oakland County, MI divorce lawyers.