This is a generic Affidavit to accompany a Motion to amend or strike alimony provisions of a divorce decree on the remarriage of the plaintiff former spouse. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Alimony Spouse Support For Cheating In Michigan
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Financial Need: Alimony is often determined by the financial needs of the lower-earning spouse. If the cheating spouse is in a position where they require support to maintain a reasonable standard of living after the divorce, courts may award alimony regardless of their infidelity.
Can you get alimony if your husband cheated? In the United States, adultery won't and can't affect alimony. State laws prescribe when a spouse is eligible for alimony. Except in a very few jurisdictions, divorce courts have no power to punish an adulterous spouse.
No-fault divorce is the standard in Michigan, which means that you cannot initiate divorce proceedings because of infidelity in most cases. However, proof of marital misconduct could help during property division matters.
So a spouse's adultery can have a direct impact on whether a judge believes alimony is warranted in a case. At first blush that might seem like contradictory thinking—the state prohibits using adultery as a reason to get a divorce, but allows it to come into play in alimony decisions.
The act of cheating is a painful betrayal of trust, but for California divorce courts, the issue is usually irrelevant. California is a no-fault divorce state. This means that divorces in California are based on “irreconcilable differences,” not on what a spouse did or didn't do.
Adultery can be used as grounds for divorce but complicates the proceedings. Infidelity can impact the property division if marital funds were involved in the affair. Alimony can be influenced by adultery in some instances. Child custody is affected by adultery when the affair directly impacts the child.
As with alimony, adultery can affect judges' decisions on other issues in a Michigan divorce. You might see this crop up with child custody or the division of property.
Can you get alimony if your husband cheated? In the United States, adultery won't and can't affect alimony. State laws prescribe when a spouse is eligible for alimony. Except in a very few jurisdictions, divorce courts have no power to punish an adulterous spouse.