Michigan has been a no-fault divorce state since 1972, yet many people remain confused about what that actually means. If you’re facing divorce, you’ve probably wondered whether your spouse’s behavior—or your own—will affect the outcome.
The short answer is that you don’t need to prove wrongdoing to get divorced in Michigan. But that doesn’t mean fault is completely irrelevant. In certain circumstances, a spouse’s misconduct can influence property division, spousal support, and even custody decisions. Understanding when fault matters—and when it doesn’t—helps you approach your divorce strategically without wasting time and money litigating issues that won’t affect your outcome.
What “No-Fault” Actually Means in Michigan
Michigan’s no-fault divorce law under MCL 552.6 eliminated the need to prove grounds like adultery, cruelty, or desertion to end a marriage. Instead, you only need to establish one thing: “there has been a breakdown of the marriage relationship to the extent that the objects of matrimony have been destroyed and there remains no reasonable likelihood that the marriage can be preserved.”
In plain language, you’re telling the court that your marriage is broken beyond repair. You don’t need to explain why or assign blame. You don’t need your spouse to agree. One spouse’s testimony that the marriage has broken down is typically sufficient.
Why Michigan adopted no-fault: Before no-fault laws, spouses had to prove specific grounds—and the “innocent” spouse often gained advantages in divorce outcomes. This created incentives to air dirty laundry in court, manufacture evidence of wrongdoing, and engage in lengthy, expensive litigation over who was “at fault.” No-fault divorce aimed to reduce conflict, protect privacy, and focus courts on practical matters like property division and child welfare rather than moral judgments about marital behavior.
What no-fault doesn’t mean: No-fault doesn’t mean behavior is irrelevant in every aspect of divorce. It means you don’t need grounds beyond marriage breakdown to obtain the divorce itself. Once the divorce is granted, other issues—how property is divided, whether support is awarded, how custody is determined—may still involve consideration of conduct.
The Legal Standard for Ending Your Marriage
To obtain a Michigan divorce, you must satisfy the court that your marriage has irretrievably broken down. In practice, this is a low bar.
At your final divorce hearing, the judge will ask questions like: “Has there been a breakdown of the marriage relationship?” and “Is there any reasonable likelihood of reconciliation?” Your truthful “yes” and “no” responses, respectively, satisfy the legal standard.
Your spouse cannot prevent the divorce. Even if your spouse wants to remain married, you can obtain a divorce. They can contest terms—fight over custody, dispute property division, argue about support—but they cannot stop the divorce from happening. Michigan recognizes that forcing someone to remain in an unwanted marriage serves no one’s interests.
You don’t need to testify about why the marriage failed. Courts don’t require you to describe affairs, arguments, or specific incidents. The breakdown standard focuses on the current state of the marriage, not the history of how it deteriorated.
Where Fault Can Still Matter in Michigan Divorce
Despite no-fault divorce, Michigan courts retain discretion to consider fault in certain contexts. Understanding these exceptions helps you know when your spouse’s conduct—or concerns about your own—might actually affect outcomes.
Property Division
Michigan follows equitable distribution principles for dividing marital property. “Equitable” means fair, not necessarily equal. Under MCL 552.19 and case law interpreting it, courts consider multiple factors when dividing assets and debts—and fault can be one of them.
When fault affects property division:
Dissipation of marital assets occurs when a spouse wastes, hides, or improperly spends marital funds. Examples include gambling away savings, spending lavishly on an affair partner, destroying property, or transferring assets to hide them. Courts may award the innocent spouse a larger share to compensate for dissipated assets.
Financial misconduct like hiding income, accumulating secret debt, or failing to contribute to the marriage while capable can influence division. A spouse who ran up credit card debt funding an addiction or affair may be assigned more responsibility for that debt.
Fault as a general factor: Michigan courts have discretion to consider the cause of the marriage breakdown when dividing property. However, most judges give fault limited weight compared to factors like marriage length, each spouse’s contributions, and future needs. Fault rarely results in dramatically unequal property division unless financial misconduct is involved.
Spousal Support (Alimony)
Michigan courts have broader discretion to consider fault when awarding spousal support. The factors courts evaluate under case law include the parties’ conduct during the marriage.
When fault affects spousal support:
Adultery doesn’t automatically bar spousal support, but courts may consider it. A spouse who abandoned the family for an affair partner while the other spouse remained committed may receive reduced support or none at all. Conversely, courts recognize that marriages are complex—an affair doesn’t necessarily mean one spouse “deserves” to suffer financially.
Domestic violence can significantly affect support awards. An abusive spouse may be denied support they might otherwise receive, while a victim’s need for support may be viewed more favorably.
Financial irresponsibility during the marriage—refusing to work when capable, squandering assets, accumulating unreasonable debt—can affect whether support is appropriate and in what amount.
Important context: Fault is just one factor among many. Courts also consider marriage duration, each spouse’s earning capacity, age and health, contributions to the marriage, and the marital standard of living. A spouse’s misconduct doesn’t guarantee they’ll receive nothing—it’s weighed against other relevant considerations.
Custody and Parenting Time
Child custody decisions in Michigan focus primarily on the child’s best interests under the 12 statutory factors in MCL 722.23. Parental fault in the marital breakdown generally doesn’t affect custody—courts care about parenting ability, not spousal behavior.
When conduct affects custody:
Domestic violence is a specific best-interest factor. A parent who committed domestic violence—whether against the other parent or the children—faces scrutiny regarding custody and parenting time.
Substance abuse or addiction affecting parenting capacity is relevant to factors like moral fitness and mental health.
Exposing children to harmful situations during an affair or other misconduct can be relevant if it demonstrates poor judgment affecting the children.
What doesn’t typically affect custody: Having an affair, being a “bad spouse,” or causing the marriage breakdown generally won’t affect custody if you’re otherwise a good parent. Courts distinguish between spousal conduct and parenting conduct. A parent who cheated on their spouse isn’t automatically a worse parent.
Examples: How Fault Plays Out in Real Cases
Understanding how courts actually handle fault helps you evaluate your own situation.
Adultery
Tom discovers his wife Sarah has been having a two-year affair, spending $30,000 of marital funds on hotels, gifts, and trips with her affair partner.
The affair itself probably won’t dramatically affect property division or support. But the $30,000 in dissipated assets likely will. A court might award Tom a larger share of remaining assets or assign Sarah more responsibility for marital debt to account for the money she spent.
Financial Misconduct
Maria learns during divorce that her husband David has been hiding income from a side business and has $50,000 in a secret account.
This misconduct will likely backfire on David significantly. Courts respond poorly to spouses who hide assets. David may receive a smaller property share, and his credibility on all issues will be damaged. The discovery also raises questions about what else he might be hiding.
Domestic Violence
Jennifer files for divorce after years of physical and emotional abuse by her husband Mark. She has police reports, medical records, and a personal protection order.
Mark’s abuse will affect multiple aspects of the divorce. His custody and parenting time will be restricted. Jennifer is more likely to receive spousal support. The abuse may influence property division. And the history of violence will shape how negotiations proceed—Jennifer shouldn’t be expected to mediate face-to-face with her abuser.
Addiction
Robert’s gambling addiction consumed $100,000 in retirement savings over five years. His wife Lisa stayed in the marriage hoping he would recover, but eventually filed for divorce.
Robert’s addiction and the resulting financial damage will likely affect property division. Lisa may receive a larger share of remaining assets. However, if Robert has genuinely addressed his addiction, courts may not punish him excessively—the focus shifts to equitable division going forward.
How to Discuss Fault Strategically Without Over-Litigating
Many divorcing spouses feel a powerful need to have their spouse’s wrongdoing acknowledged. That’s understandable emotionally, but legally it requires strategic thinking.
Ask whether fault actually affects your case. Before investing time and money proving misconduct, consider whether it will change outcomes. If your spouse had an affair but didn’t spend marital funds on it, proving the affair probably won’t affect property division much. Is the emotional satisfaction of “winning” the fault argument worth the cost?
Focus on conduct with financial impact. If your spouse dissipated assets, hid money, or accumulated secret debt, document it carefully. Financial misconduct typically affects outcomes more reliably than purely emotional or relational misconduct.
Consider the cost of litigation. Proving fault requires evidence, often expert witnesses, and court time. A contested fault dispute might cost $10,000 or more in legal fees. Will the potential adjustment to your settlement exceed that cost?
Protect yourself without obsessing over punishment. Your goal is a fair divorce outcome, not revenge. Focus on protecting your interests rather than punishing your spouse. Courts notice when parties seem more interested in hurting each other than resolving practical issues.
How Judges View “He Said/She Said” Allegations
Contested fault claims often devolve into conflicting narratives. Understanding how judges approach these situations helps you evaluate whether pursuing fault claims makes sense.
Judges are skeptical of unsupported allegations. Claiming your spouse did something wrong without documentation is rarely persuasive. Courts hear these claims constantly and know that divorcing spouses often view events through hurt and anger.
Documentation matters enormously. Police reports, financial records, medical records, photographs, text messages, and emails carry far more weight than testimony alone. If you’re alleging misconduct, gather evidence before making claims you can’t support.
Credibility affects everything. Judges evaluate each party’s overall credibility. A spouse who makes exaggerated or false allegations damages their credibility on all issues—including legitimate ones. Be accurate and honest, even when describing conduct you find deeply hurtful.
Judges want to resolve cases, not referee marital disputes. Family court judges handle difficult cases daily. They’re generally uninterested in extensive testimony about who said what during arguments or detailed narratives about emotional misconduct. They want to address practical issues and help families move forward.
Frequently Asked Questions About Fault in Michigan Divorce
Does adultery affect divorce in Michigan?
Adultery doesn’t prevent you from obtaining a divorce or automatically entitle you to better terms. However, if your spouse spent marital funds on an affair, that financial misconduct may affect property division. Adultery can also be one factor courts consider when awarding spousal support. The affair itself matters less than its practical consequences.
Can I get more money in my divorce if my spouse cheated?
Not automatically. Michigan’s no-fault system doesn’t award “damages” for infidelity. However, if your spouse spent significant marital assets on the affair—hotels, gifts, trips, or supporting an affair partner—you may receive a larger share of remaining assets to compensate. The key is documenting the financial impact.
Does domestic violence affect divorce outcomes in Michigan?
Yes, significantly. Domestic violence is a specific factor in custody determinations and can affect property division and spousal support awards. An abusive spouse may face restricted parenting time, supervised visitation, or denial of custody. Document any abuse with police reports, medical records, and protection orders.
Should I hire a private investigator to prove my spouse’s affair?
Usually not necessary and often not cost-effective. Unless you believe your spouse is hiding assets or spending significant marital funds on an affair, proving infidelity rarely changes divorce outcomes enough to justify investigation costs. Discuss with your attorney whether investigation makes strategic sense in your specific case.
Will the judge care that my spouse was emotionally abusive?
Courts take documented abuse seriously, but “emotional abuse” without specific evidence is difficult to prove and may not significantly affect outcomes. Focus on documenting specific behaviors with concrete impacts—financial control, threats, isolation—rather than general claims about emotional mistreatment.
Take the Next Step: Understand How Fault Affects Your Specific Situation
Every divorce involves unique circumstances. What mattered in your marriage—and what will matter in your divorce—depends on specific facts, evidence, and practical considerations.
At Boroja, Bernier & Associates, we help Michigan residents understand when fault matters and when it doesn’t. Our divorce attorneys provide honest assessments of how your spouse’s conduct—or concerns about your own—might affect your case. We focus on achieving fair outcomes efficiently, without unnecessary conflict or expense. With offices in Shelby Township, Troy, Ann Arbor, and Lansing, we serve families throughout Macomb County, Oakland County, Wayne County, and Southeast Michigan.
To schedule a consultation with the Michigan divorce attorneys at Boroja, Bernier & Associates, call our law offices at (586) 991-7611. We’ll help you understand your situation and develop a strategy that protects your interests.
