Although Michigan is a no-fault state for divorce, there are times where the Court will
look at that issue in deciding a property settlement. What happens when one spouse has a
gambling problem and has spent most of the couples savings or assets, or has incurred debt
associated with this issue? Can the Court consider this in making an equitable division of
A Court in Michigan recently did look at this issue in deciding on
a division of property and also in an award of spousal support. In this case, the husband had
depleted most of the couples retirement savings and other accounts. He also began to have
problems with providing daily support and financial contributions to regular marrital
expenses. The Court ruled that this consideration was proper where his fault resulted in a
dissipation of assets. The husband, however, argued that the Court was looking at this
incorrectly and punishing him for a behavior that they did not like. He stated that this was
no different that someone spending money on hobbies or other interests. It was his position
that the choice to spend marrital assets as he saw fit was his choice. The Court, however,
disagreed, when it directly affected the marrital estate and the ability to provide for his wife
after a lengthy marriage. The Court determined that the wife was entitled to continue a life
style based on what had been established regardless of the husbands gambling losses or
If you are facing a divorce and are concerned with property division or
spousal support, fault can sometimes have an impact on the settlement. For a free consultation
as to all issues, call the Law Office of Eugene Lumberg and Eric S. Lumberg. We will meet with
you and discuss all of your options and rights.
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