Legal Separation in Michigan

What does it mean to be legally separated versus divorced? These two terms are often used interchangeably, and the fact of the matter is that they are not synonymous. Before entering into a legal battle or a divorce with a soon-to-be ex-spouse, it is important to be able to distinguish between the two.

In Michigan, legal separation is called “separate maintenance” and it has some key features that make it unique from divorce.

Is Legal Separation Easier than Divorce?

There isn’t an easy answer. Any time a marriage is ending, and family law is involved, complexities can arise. When children are involved, separation becomes more complex.

One of the first things to know is that Michigan is a no-fault divorce state. This means that judges are not going to be particularly interested in hearing about why either party wants to get a divorce or be legally separated.

Wanting the divorce is reason enough. That being said, it is important to understand that legal separation means you and your spouse will live apart from each other. But you are still legally married. In legal separation, you will be discussing many of the same issues in court as you would in a divorce. These include property, custody, and division of assets. However, once legally separated, you cannot go out and get re-married.

Why choose Legal Separation instead of Divorce?

In Michigan, couples choose legal separation instead of divorce for many reasons. Maybe they believe that there is a chance of reconciliation at some point. Maybe they have religious reasons, or it is tax-advantaged, or there are government benefits. If they do choose to remarry, it will be much easier to reconcile if they choose legal separation instead of divorce. For this reason, it is always best to consult with an experienced family law attorney.

Does Legal Separation in Michigan require an official filing?

The term “legal separation” in Michigan, at the end of the day, simply refers to a couple that has split up. They’re living apart and not legally or officially divorced. There is no means for enforcing rights or obligations. In Michigan, in order to bring the matter under the court’s jurisdiction a complaint for separate maintenance has to be filed.

Filing a separate maintenance action will allow the court to enforce court orders spousal support, child support, and property division. It is used when divorce is not an option for one or both of the parties. Something important to think about that often gets overlooked is employer health care and whether that employer would require a maintenance action or a full-blown divorce decree to maintain or make changes to employee benefits.

Your circumstances can change over time, and it is crucial to work with an experienced attorney anytime something is unclear or could make a difference in your livelihood or well-being. You do not have to live separately for any certain length of time in Michigan before filing an action for divorce or legal separation.

Divorce vs Legal Separation in Michigan

One of the pros of legal separation is that it allows couples to take a break from their marriage without having to go through the legal process of divorce. This can give them time and space to work on their relationship and decide if they want to reconcile or move forward with a divorce. Additionally, legal separation can allow couples to maintain certain benefits such as health insurance, social security, or tax benefits that may be lost in a divorce.

However, one of the cons of legal separation is that it does not officially end the marriage, meaning that both parties are still legally married and cannot remarry without getting a divorce. Additionally, legal separation can still involve legal proceedings and expenses such as obtaining a court order for spousal support, child custody, or property division.

Divorce, on the other hand, provides a final and complete end to the marriage. It allows individuals to move on with their lives and potentially remarry in the future. Furthermore, divorce can provide a sense of closure and a legal framework for resolving any issues such as property division, child custody, or spousal support.

However, the process of divorce can be emotionally and financially taxing for both parties, especially if there are disagreements regarding property division, custody arrangements, or support payments. Additionally, divorce can have long-lasting effects on children and their relationships with both parents.

Consult a Family Law Attorney Before You Decide

An attorney with experience in family law like Carrah Crofton-Wloszek can help you weigh the options in front of you. She’ll work to help you get an outcome that is satisfactory for both parties.