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My husband cheated on me and had a child with his mistress? Will I be able to get alimony?

South Haven, MI |
Filed under: Divorce

My husband wanted to separate for awhile and see if he wanted to be married to me. He was still talking to me everyday, taking me to work, telling me he loved me, I was giving him money, and we were still involved sexually. We were apart 4 weeks, we reconciled after the 4 weeks. About a month later a woman came to his work claiming to be pregnant by him. He told me at this time he slept with her and there was a chance that the baby was his. Now the child is born and we are waiting DNA results. This is hard to accept and deal with because he cheated and I can not conceive.

Attorney Answers 3


Fault is one important factor that will be considered when determining whether spousal support is appropriate. Other important factors are length of the marriage, a party's ability to pay spousal support and a party's need for support among many others. If you are going to file for divorce, or if he has already filed, you should contact a divorce attorney in your area immediately. Good luck to you in the future.

My answer should be construed as general information only, and it should not be considered legal advice. No attorney-client relationship with me has been created until I have signed a retainer agreement. Please contact my office at 586-268-2400 for a free initial consultation.

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First, I am unsure if you are saying you are filing for divorce or if he has already filed for divorce. But, if you are considering getting a divorce because he was unfaithful then alimony could be a possibility. In order to receive alimony you must be the dependent spouse and your husband must be the supporting spouse. Both of these factors must be proven. Also, his adultery will be considered by a Judge when determining whether or not you should receive alimony and the amount of alimony.

However, if you want to file for a divorce I would highly suggest contacting an experienced family law attorney in your area.

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In Michigan, "Spousal Support" (the technical term for "alimony") is assessed by looking at several different factors, ONE of which is the conduct of the Parties (i.e., his cheating on you). Here are the factors:

1. The past relations and conduct of the parties.
2. The length of the marriage.
3. The ability of the parties to work.
4. The source and amount of property awarded to the parties.
5. The age of the parties.
6. The ability of the parties to pay alimony.
7. The present situation of the parties.
8. The needs of the parties.
9. The health of the parties.
10. The prior standard of living of the parties and whether either is responsible for the support of others.
11. General principles of equity (“equity” essentially means “fairness”).

Litigating a spousal support case can be extremely complex, so I would kindly but strongly recommend you retain an experienced local Family Law lawyer to assist you. I wish you all the best of luck. Warmest regards, Matt Catchick.

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