Do I Have to Pay My Ex Alimony if She Left Me for Someone Else?

 Posted on August 12, 2022 in Divorce

Adultery is the kind of behavior that has the potential to not only blow up a marriage but to destroy a person’s confidence and trust in the world around them as well. Unsurprisingly, many marriages fall apart after revelations of infidelity, adding the stress and chaos of divorce to the emotional fallout of a broken marriage. If you have been cheated on by your partner and are now going through a Michigan divorce, you may wonder whether the law has any remedies for you, especially when it comes to paying alimony. 

Can Cheating Be Grounds for Divorce? 

Although Michigan is a no-fault divorce state, the behavior of spouses during the marriage can have an impact on the outcome of certain issues in the divorce. When spouses are fighting over alimony and judges have to make alimony decisions, they can consider a number of factors, one of which is the past relations and conduct of the spouses. 

In combination with other factors, such as each spouse’s needs, resources, and mental and physical health, a judge can decide whether to award alimony, how much, and for how long. While the alimony award cannot be punitive, a spouse who cheated may receive less alimony than he or she may have otherwise. 

Can Living With Another Partner End Alimony? 

Although it may be painful to be on the receiving end of such behavior, many cheating spouses jump from one lover’s bed to another. If your spouse is already cohabitating with a new partner by the time you are negotiating alimony, you may not need to pay alimony at all. If they are not, you may be able to put in a clause that states alimony will end upon cohabitation or remarriage.

Unfortunately, the spouse receiving alimony is often aware that cohabitation will end payments. In order to prove an ex is really cohabitating, the paying spouse hiring a private investigator is not unheard of. If a court finds someone is wrongly receiving alimony, he or she may be ordered to pay back the alimony from the date the cohabitation began. 

Contact a Novi, MI Alimony Lawyer

The umbrage of being ordered to pay spousal support to a partner who blew up your marriage with acts of infidelity may feel too much to bear. At Elkouri Heath, PLC, we understand your frustrations and have helped many divorcing spouses negotiate fairer alimony payments while seeking the earliest opportunity to terminate payments altogether. If you want help from Oakland County alimony attorneys who will fight on your behalf for a fair divorce decree, call the offices of Elkouri Heath, PLC today at 248-344-9700 and schedule your free consultation. 

Source: 

http://www.legislature.mi.gov/(S(qxdalgkvdap4kpid03guhtvw))/mileg.aspx