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Fault and Alimony in Michigan

Fault and Alimony in Michigan

This article discusses the role of fault and alimony in Michigan divorce cases.  Fault is one of 11 factors a court should consider when deciding if an award of alimony in Michigan is appropriate.  When the legislature changed divorce law in Michigan in 1971 from a fault based system to a no-fault based system questions arose regarding the role of Fault and alimony in Michigan.  

In the landmark case of Sparks v. Sparks, the Michigan Supreme Court decided that fault (for example, domestic violence, sexual infidelity, or other misconduct) is relevant in determining property and alimony awards.  Although the Sparks case primarily dealt with fault and property division, the court concluded that the law that existed before the legislature changed the divorce law in Michigan from a fault based system to a no-fault system remains good law.  The no-fault divorce law did not effect fault and alimony in Michigan.  Therefore, a court should consider fault as one factor in determining an alimony award.  Fault and alimony in Michigan are directly related.

We provide more information on Michigan divorce than anyone.

Change is rarely easy, sometimes complicated and often emotional.   Let a Michigan divorce attorney experienced in family law help you.  We utilize a team approach to focus on solutions by applying Michigan law properly.  We specialize in helping you focus on your goals, protect your property interests, manage your custody and support interest, and keep you happy in life’s most difficult circumstances.

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I have been exclusively practicing divorce and family law in Michigan for over two decades.  The attorneys at Findling Law all share the core value of practicing law to help people navigate change in their lives, without compromising principles.  We specialize in high socio-economic, high-profile and high-conflict cases, while also working with clients of all backgrounds. We recognize that the most important aspect of the practice of law is the application of the law to your specific circumstances.

That is why we provide more free information on divorce and family law than any other Michigan law firm. We want to help you manage your situation. Allow our exceptional legal team to help you navigate the change in your life, without compromising principles.

We want to help you manage your situation. Let our exceptional legal team help you . . .

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By:  Daniel Findling

 

One thought on “Fault and Alimony in Michigan”

  • Wow. My first reaction was to say “go, you!” and cograatulnte you taking control of a process that I sense you felt out of control of. My second reaction is that divorce, no matter how necessary, is not something to celebrate. So here we are, my third reaction. Nah – I think you do deserve to be cograatulnted. You are looking out for yourself, taking charge. Anyway, congratulating isn’t the same as celebrating. Related, but not the same. 2nd cousins, tops.Tears do seem appropriate, but hopefully not too many.Take good care.

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