Adultery is voluntary sexual intercourse between a married person and a person who is not his or her spouse. Adultery is a leading cause of divorce, and in some states may be relevant in determining who was at fault for the breakup of the marriage, and whether the innocent spouse is entitled to an unequal division of the assets.
In Michigan, adultery is technically still a crime under the Michigan Penal Code (MCL 750.29), where it is defined as voluntary sexual intercourse between a married person and someone other than their spouse. However, criminal prosecution for adultery is extremely rare. In terms of divorce, Michigan is a no-fault divorce state, meaning that the only ground for divorce is an irretrievable breakdown of the marriage, and fault, including adultery, is not required to be proven to obtain a divorce. Nevertheless, while adultery may not be a factor in the decision to grant a divorce, it can be considered when determining spousal support (alimony) and the division of marital assets. The impact of adultery on these matters can vary depending on the circumstances of the case and the discretion of the court.