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Michigan Divorce Law including alimony and child support. Michigan Divorce Law... 

Michigan Law - Does Fault Affect Alimony?

Courts in Michigan have a very wide range of decision-making, and so, as a practical matter, considerations of fault may influence their decisions about alimony.

Cases:

Ianitelli (1993) 502 N.W.2d 691, 199 Mich.App. 641. (In this case, the judge ordered the husband to pay $12,000 a year in alimony. The judge took into account the twenty-year duration of the marriage, and the husband's substantial assets. The decision was also made in light of the husband's gambling in the early years of the marriage, despite the wife's concern at that time for financial stability. At the time of the divorce the husband was forty-seven and the wife was fifty years old. Both parties were in good health. The husband was earning $130,000 a year while the wife was earning $28,000. The husband also owned $200,000 worth of stock in his family's business. Although the husband claimed that the wife should not have been awarded alimony because she was cohabiting with a male companion, the court disagreed. The wife's cohabitation was not a change in circumstances, as the court and the husband both knew the cohabitation was taking place at the time of the divorce. Additionally, although the wife had no rent or mortgage expenses, there was no evidence that her companion was providing any other support for her. The court also could not conclude the award of alimony to be unfair in light of the great difference in income between the two parties.)

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