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.
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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.
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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