Adultery (when your spouse cheats is the ultimate betrayal in a marriage. In many circumstances a couple can find a way to move past the betrayal. However, in many situations, the damage is done and fixing the problem is not an option. When God gave Moses the 10 Commandments it is no surprise that one of the commandments was “thou shall not commit adultery”. Unfortunately, a cheating spouse is far to commonplace, however Michigan law has created a remedy.
Three remedies for a cheating spouse.
The first remedy is not really useful. Adultery is a crime in Michigan, however, the crime is NEVER enforced and it appears to sensitive of a political topic to change the law so the crime imposed for a cheating spouse (adultery will likely remain on the books for the foreseeable future.
The second remedy is much more useful. A fault penalty against a cheating spouse. Under Michigan law, the past relations and conduct of a party can change how property is divided and a cheating spouse may receive less of the marital estate because of his/her fault.
The third remedy for adultery in Michigan involves an award of alimony. Simply put, if the cheating spouse is the primary wage earner he/she may pay more in alimony. If the cheater is the dependent spouse he/she may get less alimony because of his/her wrongful conduct in the marriage.
Michigan divorce law provides three remedies when a spouse cheats. The first, is criminal (never enforced). The second, is to modify the property award and the third is to modify the alimony award.
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