The emotional fallout can be overwhelming when a marriage ends due to adultery. What about the financial implications of such a situation? Will your spouse’s infidelity impact the division of your shared assets?
Adultery does not directly influence property division
In Michigan, the guiding principle for dividing marital property is equitable distribution, which strives to allocate assets in a fair and just manner, rather than splitting them exactly down the middle. The court considers various factors when determining how to split assets, including:
- The duration of the marriage
- The individual contributions each spouse made to the marital estate
- The age, health condition and overall well-being of both spouses
- The financial situation and economic circumstances of each spouse
- The needs and welfare of any children involved in the case
Divorce in Michigan operates on a no-fault basis, meaning that neither partner needs to demonstrate that the other is at fault in order to secure a divorce. The court generally does not consider marital misconduct when dividing property unless it directly affects the couple’s finances.
Specific adultery-related actions can complicate the process
While adultery itself does not affect property divisions, certain financial behaviors associated with the act could impact the outcome of your divorce proceedings. For instance:
- Did your spouse spend significant marital funds on an extramarital affair?
- Did your spouse hide assets or income to support their infidelity?
- Did your spouse use joint credit cards to finance the affair?
The court might view such actions as a dissipation of marital assets. This could lead to an uneven distribution of property to compensate the wronged spouse.
When approaching the property division of your divorce, it is essential to keep a clear head and focus on your financial future. The end of a marriage is a complex journey, and you do not have to face it alone. A skilled attorney can be your advocate, offering support and experience every step of the way.