Even though Michigan is a "no-fault" state for divorce, "fault" of a party can be considered by the court when it divides assets and debts during a divorce proceeding.
In an unpublished decision, the Court of Appeals rejected defendant husband's contentions that the trial court had improperly awarded Wife 83% of the marital assets to punish him for his extra-marital affairs. The Court said that a claimed $94,000 “debt” did not appear to be valid, that the husband’s conduct did warrant a disproportionate award in plaintiff’s favor, and that its review of the record didn’t support his contention that his fault was given undue or disproportionate weight when it divided the marital estate between the parties. [Woude-Leerentveld v Leerentveld, Docket No. 241502 Decided April 5, 2005]
Under Sparks v Sparks, 440 Mich 141, 159-160 (1992), Michigan Courts are bound to consider the following when dividing marital assets between divorcing parties:
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