Divorce

Separation In Michigan

As a Michigan divorce law office, we are frequently asked about a "legal separation". In the State of Michigan we do not have anything that is specifically called a legal separation where you file a paper and you are immediately legally separated, nor are you required to be separated to file for a Michigan divorce. There is no specific Michigan law regarding separation. However, pursuant to Michigan law we do have a Michigan Separate Maintenance action, which is the action many people think of, when they are looking for a legal separation in Michigan.

Separate Maintenance Action

A "Separate Maintenance" action is basically what most people think of when they mean a legal separation in Michigan.

The procedure for obtaining a Judgment of Separate Maintenance in Michigan is practically the same as the procedure for a divorce, but when a Judgment of Separate Maintenance is entered you are divorced from everything except the bounds of matrimony.

So, you cannot remarry if you have a Judgment of Separate Maintenance in Michigan. If you receive a Judgment of Separate Maintenance in Michigan and then later decide you do want a divorce, you will generally need to start a new case.

Reasons For Pursuing A Separate Maintenance Action Instead Of A Divorce

In the State of Michigan, most people who decided to pursue a Judgment of Separate Maintenance, rather than a Michigan Divorce, do so for religious or health care reasons. For example, if one would be ex-communicated from their church if they were to divorce, they may use the Separate Maintenance procedure instead of a Michigan Divorce. Another example is if one has health concerns and requires continuing medical insurance, but if they divorced their insurance would terminate, they may use the Separate Maintenance procedure to be able to continue on their spouse’s health insurance. Although, it is becoming more frequent that employers are considering a Separate Maintenance Judgment to have the same terminating effect as a Michigan Divorce with respect to health care benefits.