Abandoned by Your Spouse? What You Must Know About Divorce and Desertion

What happens if your spouse simply walks out, abandons the marriage, stops supporting you, and disappears from family responsibilities? Is that considered desertion, and does it mean that he or she abandons their claim to the house, your assets, the kids? Let's talk about what desertion really means in the legal sense and how it impacts your divorce.
Hi, I am Jim Kraayeveld, lead attorney at Kraayeveld Family Law. We practice here mostly in West Michigan, sometimes straying out further into Michigan, and wanna discuss how desertion in Michigan law is often misunderstood in family law, sometimes called abandonment. But Michigan is a no-fault divorce state.
Which means since 1972, Michigan used to look at abandonment as one of the reasons why someone would request a divorce. But in 1972, Michigan became a no-fault divorce state, and abandonment really isn't a necessary reason to get a divorce anymore. But desertion can still play an important role in financial and custody outcomes.
Abandonment usually means that the spouse left, they're no longer living together, they're not sharing finances together, they're not jointly caring for the children. And abandonment isn't really defined in Michigan law because it hasn't been really a factor for what, over half a century. But if we're gonna discuss what is desertion under Michigan law today, it isn't really a legal ground for divorce, that it's a necessary prerequisite or anything like that, but it can influence property division. For example, if a spouse left and abandoned financial obligations, it may affect not only property division, but it may also impact spousal support, and courts will weigh abandonment when it comes to fairness considerations and what the other party may need. It's probably going to more impact child custody because that's going to reflect on a person's parental fitness, or their ability to provide stability, or even bond with their children.
So, what are the financial implications of desertion?
The spouse who deserts may still owe child support and may still owe spousal support. Desertion doesn't erase marital debts or obligations. Also, abandoning the marital home and assets doesn't mean that you're surrendering ownership, or at least a right to have some of the equity. Property division still applies, which in Michigan is equitable, which means close to equal.
Desertion versus separation.
If you voluntarily separate by agreement, for example, that's not desertion. Desertion is a unilateral, unjustified, no-consent separation. So again, it's different than a formal process, like separate maintenance, which is the fancy term for legal separation in Michigan. That's a formal process involving the court system. Desertion is not.

Now, back to the issue of custody. Desertion affecting custody is a big deal. Courts have to prioritize the best interests of the child. So, if you're abandoning your children, that's going to weigh heavily in the custody decision. So, if there's failure to make contact with the kids or support them or care for them, that may restrict parenting time.
So financially, judges may review desertion as a factor when deciding whether spousal support is appropriate. For example, if a spouse who left abruptly left the other spouse and sometimes with their kids involved, and just simply leaves them financially stranded, that may increase the chance of a spousal support award because the abandonment can be considered fault.
And yes, when it comes to spousal support, the courts may look at fault as a factor, unlike granting a divorce. So if you're going to talk about what kind of proof do you need, evidence of desertion. First of all, documenting lack of financial support, missed bills, unpaid household expenses, mortgage going arrears, et cetera.
With regards to the kids, if there's a lack of contact or communication with the kids or the other spouse, there's proof of that. For example, there's gonna be witness testimony, text messages, emails, whatever that show the absence from the home. Those are all things to show desertion. Defenses against though, however, someone accusing a spouse of desertion is, well, I had to leave due to domestic violence, or there were unsafe conditions in the home, that isn't desertion. If it's an agreed-upon separation, that's also not desertion.
Military service, work assignments, medical necessity, hospital stays, whatever things like that, of course, can explain absences and aren't going to be desertion. But because Michigan is a no-fault divorce state, desertion is less about granting the divorce and more about shaping some of the financial and especially the custody outcomes.
Courts are gonna look for fairness and equity, not to punish. But desertion still has consequences. So desertion isn't going to help or stop a divorce because no-fault applies, but it still will apply to your financial obligations. It's gonna allow you to divide the property, and it's going to impact your custody and probably your support obligations.
So, if you're in a situation where there's desertion or abandonment and that's part of your story, seek legal advice. Because it often will create a bigger problem if you let it go for a long time, because you'll have more financial chaos. Until next time.