In a no fault state, can a spouse still get spousal support if they have a boyfriend/girlfriend?

Asked over 3 years ago - Brighton, MI

if husband and wife have been separated for over a year and one got into a relationship, not living with each other though, could the one with the new girlfriend/boyfriend, still have a chance to receive spousal support in a no fault state?

Attorney answers (3)

  1. Monika U. Holzer Sacks

    Contributor Level 9

    1

    Lawyer agrees

    Answered . In Michigan, whether a spouse can collect spousal support is dependent on 11 factors, including the length of the marriage, the income of each spouse, whether they had children during the marriage, whether one is at fault for the breakdown of the marriage, the age, health and education level of the spouse requesting spousal support, is there anything that inhibits the spouse from working, the general standard of living that the couple enjoyed while there were married and need.

    It is possible that if the spouse with the girl/boyfriend meets the criteria for spousal support, they could qualify. However, the income that the girl/boyfriend brings to the home, assuming they are living together, will be considered. If they had the girl/boyfriend during the marriage and that relationship contributed to the break up of the marriage, that will also be considered.

    Given the amount of information you provided, it is difficult to tell. You should check with a lawyer, provide the additional information and get an opinion.

  2. Henry S. Gornbein

    Pro

    Contributor Level 16

    Answered . Hi, The laws regarding spousal support in Michigan are that fault, or having a boyfriend or girlfriend are just one of many factors looked at in determining whether or not there will be spousal support. I have had many cases where spousal support was awarded even if there was a boyfriend or girlfriend. You need to talk to an attorney because it is not a simple yes or no question. Good luck to you.

    Henry Gornbein

  3. Henry S. Gornbein

    Pro

    Contributor Level 16

    Answered . Hi, The laws regarding spousal support in Michigan are that fault, or having a boyfriend or girlfriend are just one of many factors looked at in determining whether or not there will be spousal support. I have had many cases where spousal support was awarded even if there was a boyfriend or girlfriend. You need to talk to an attorney because it is not a simple yes or no question. Good luck to you.

    Henry Gornbein

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