Welling v. Welling, ___Mich App___ (1999), No. 203654 (February 5, 1999)
Defendant appealed the circuit court's 60/40 division of the marital property and the award of temporary alimony to plaintiff, claiming that the trial court improperly determined that his alcohol abuse constituted marital fault. The Court of Appeals pointed out that the trial judge did apply the factors outlined in Byington v. Byington, 224 Mich App 103; 568 NW2d 141 (1997) to reach an equitable division of the property; and, in doing so, "the trial court clearly referenced defendant's behavior while drinking, not his status as an alcoholic." There was "ample evidence that defendant's daily behavior while he was intoxicated was not conducive to maintaining a healthy marriage. . . . The question here is whether one of the parties to the marriage is more at fault, in the sense that one of the parties' conduct presented more of a reason for the breakup of the marital relationship than did the conduct of the other. Clearly, defendant's conduct in this case . . . did present a greater reason for the breakdown of the relationship. This is the obvious conclusion even if we assume that defendant's behavior was not 'intentional' or 'wrongful'. The impact of the conduct on plaintiff and the marital relationship was highly detrimental, regardless of the reasons behind it. " Affirmed.
[Ed. Note: Okay, so it's a property case--The same applicability of behavior, rather than the illness or disorder, is pertinent in our neglect and custody determinations. Faye]
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