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Michigan Family Law Blog

Sunday, April 29, 2018

Fault and Divorce in Michigan Part Two - Economic Fault

Fault and Divorce in Michigan 

When handling divorce matters, the issue of fault often comes up.  In Michigan, by law, there are many types of fault that the court may consider when dividing property or awarding alimony.  The primary type of fault that most people think of when it comes to the topic of divorce is infidelity however another type of fault that often comes into play in this cases is economic fault or waste.

Economic Fault or Waste

Economic fault or waste most often involves cases where one party has gambled away significant portions of the marital funds or estate without the consent of the other party, where one party has wasted funds on drug abuse or alcoholism or one party has wasted significant funds pursuing an extramarital relationship.  There are other types of economic fault as well.  The situation where one party may be a bit of a spendthrift and spend significant funds on jewelry, clothes, sports equipment or vacations is typically not going to be considered as economic fault when it comes to a divorce.  This type of situation is typically considered within the sphere of ordinary marital spending in the realm of family law. 

How Much of A Difference Will it Make in My Case?

Economic fault or waste as described above can have a much more significant impact on the case than fault such as infidelity.  The court may consider granting a much greater percentage of the remaining marital estate to the non-wasting partner up to one hundred (100%) of the same depending on how significant the economic fault and the damage caused to the marital estate whereas in cases of infidelity the court will typically not grant a division of more than fifty-nine (59%) percent of the estate to the wronged party.  The effect of economic fault or waste of the marital funds may have a very significant impact on the division of property and the award of alimony in a divorce case, however, the more time that passes after a party has committed such an act, the less impact it will have in the final resolution of the matter.  If you have questions regarding your spouse's economic issues or your own and how it may effect you in a family law proceeding, please do not hesitate to contact Cameron Goulding Family Law and Mediation, PLC. in Rochester to schedule an appointment.


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