Michigan Legal Separation Agreement
Michigan has no 'legal separation' by that name; instead a spouse files an action for separate maintenance under MCL 552.7, which lets a couple live apart under court orders while staying married. Attorney review available.
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Introduction
Michigan does not offer a legal separation by that name. What it offers instead is an action for separate maintenance, which may be filed in the circuit court in the same manner and on the same grounds as an action for divorce (MCL 552.7). A judgment of separate maintenance lets a couple live apart under court orders on support, property, and parenting, but it does not dissolve the marriage: the parties stay legally married and neither may remarry. The grounds are the same as for a divorce, namely a breakdown of the marriage relationship to the extent that the objects of matrimony have been destroyed and there is no reasonable likelihood the marriage can be preserved. One difference to know: if a spouse files for separate maintenance and the other spouse files a counterclaim for divorce, the court can enter a judgment dissolving the marriage rather than a judgment of separate maintenance (MCL 552.7), so separate maintenance keeps the couple married only when neither party asks for a divorce. To file, a party generally must have resided in Michigan for 180 days and in the county for 10 days before filing (MCL 552.9). A written separation agreement is what fixes the couple's rights while they live apart, and it can be incorporated into the judgment. Because a Michigan separate-maintenance judgment divides property and can order support much as a divorce does, those terms belong in a Michigan Marital Settlement Agreement rather than repeated here; if you decide to end the marriage, the pleading that starts it is a Michigan Divorce Petition. DocDraft builds your Michigan separation agreement from your facts, with attorney review available before you sign.
Key Things to Know
- 1
Michigan has no legal separation by that name. Instead a spouse files an action for separate maintenance, which may be filed in the circuit court in the same manner and on the same grounds as an action for divorce (MCL 552.7).
- 2
A Michigan judgment of separate maintenance does not dissolve the marriage. The parties stay legally married and neither may remarry; the marriage ends only through a later divorce.
- 3
The grounds for separate maintenance are the same as for a divorce: a breakdown of the marriage relationship to the extent that the objects of matrimony have been destroyed and there is no reasonable likelihood the marriage can be preserved.
- 4
If a spouse files for separate maintenance and the other files a counterclaim for divorce, the Michigan court can enter a judgment dissolving the marriage instead of a judgment of separate maintenance (MCL 552.7).
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To file in Michigan, a party generally must have resided in the state for 180 days and in the county for 10 days before filing (MCL 552.9).
- 6
A written separation agreement is what fixes the couple's rights while they live apart in Michigan, and it can be incorporated into the judgment of separate maintenance.
- 7
A Michigan separate-maintenance judgment divides property and can order support much as a divorce does, so those terms belong in a marital settlement agreement rather than the separation itself; see the Michigan marital settlement agreement page.
Key decisions before you file
Before you file a Legal Separation Agreement in Michigan, a few decisions shape the document: which option to choose and what each one means. The Legal Separation Agreement guide walks through them.
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Michigan Requirements for Legal Separation Agreement
Michigan has no legal separation by that name. A spouse files an action for separate maintenance, which may be filed in the circuit court in the same manner and on the same grounds as an action for divorce (MCL 552.7).
A Michigan judgment of separate maintenance does not dissolve the marriage. The parties stay legally married and neither may remarry; the marriage ends only through a later divorce.
The grounds for separate maintenance are the same as for a divorce: a breakdown of the marriage relationship to the extent that the objects of matrimony have been destroyed and there is no reasonable likelihood the marriage can be preserved (MCL 552.7, 552.6).
If a spouse files for separate maintenance and the other files a counterclaim for divorce, the Michigan court can enter a judgment dissolving the marriage instead of a judgment of separate maintenance (MCL 552.7).
To file in Michigan, a party generally must have resided in the state for 180 days and in the county where the case is filed for at least 10 days before filing (MCL 552.9). The rule is the same for separate maintenance as for a divorce.
Living apart alone does not settle support, property, or parenting in Michigan. A written separation agreement fixes those rights and can be incorporated into the judgment of separate maintenance.
A Michigan separate-maintenance judgment can divide marital property and order spousal support much as a divorce would. Because this is the same division used in a divorce, set it out in a Michigan marital settlement agreement rather than in the separation itself.
A Michigan separate-maintenance judgment keeps the marriage in place, which can preserve a spouse's health insurance, help reach the ten-year mark for certain military and Social Security benefits, or serve religious or trial-step reasons. Confirm insurance effects with the plan, since many treat separate maintenance like a divorce.
Frequently Asked Questions
Michigan does not use the term legal separation. The equivalent is an action for separate maintenance, which is filed in the circuit court in the same manner and on the same grounds as a divorce (MCL 552.7). A judgment of separate maintenance lets a couple live apart under court orders on support, property, and parenting, but it does not end the marriage: the spouses stay legally married and neither may remarry. It is a court action, so simply living apart does not by itself create separate-maintenance rights.
Not under that name. Michigan offers separate maintenance instead of a legal-separation status (MCL 552.7). A separate-maintenance action gives a couple the same kind of court orders a divorce would, on the same grounds, but leaves the marriage intact. Some states grant a decree that changes the couple's status to legally separated; Michigan does not create that status, but its separate-maintenance judgment serves a similar practical purpose while the couple stays married.
The grounds and the court process are the same, but the result is different. A divorce dissolves the marriage, so both people are free to remarry. A Michigan judgment of separate maintenance leaves the marriage in place, so the couple lives apart under court orders but stays married and neither may remarry (MCL 552.7). One important wrinkle: if the responding spouse counterclaims for divorce in a separate-maintenance case, the court can grant a divorce instead, so separate maintenance keeps the marriage only when neither party seeks to end it.
Yes. To file for separate maintenance or divorce in Michigan, a party generally must have resided in Michigan for 180 days before filing, and in the county where the case is filed for at least 10 days (MCL 552.9). A spouse who does not yet meet the 180-day state residency cannot file until the period has passed. The residency rule is the same for a separate-maintenance action as for a divorce.
No. A judgment of separate maintenance does not dissolve the marriage. The spouses remain legally married, and neither may remarry (MCL 552.7). The judgment can address support, property, and parenting while the couple lives apart, but it leaves the marital status in place. The marriage ends only if a spouse later obtains a divorce, or if a divorce counterclaim in the same case leads the court to enter a judgment dissolving the marriage.
A written separation agreement is what actually fixes the couple's rights while they live apart in Michigan. Living apart on its own does not settle support, property, or parenting; a signed agreement does, and it can be presented to the court and incorporated into a judgment of separate maintenance. The agreement records what the spouses have decided on finances and children so that both know their obligations, whether or not they later move to a divorce.
A Michigan separate-maintenance judgment can divide marital property and order spousal support much as a divorce would. Because that division is the same set of terms used in a divorce, it is set out in a Michigan marital settlement agreement rather than repeated in the separation itself. The separate-maintenance action handles the couple's living-apart status and court orders; the settlement agreement carries the detailed property and support terms.
Couples choose Michigan separate maintenance over a divorce for practical or personal reasons, because it keeps the marriage in place. Staying married can keep one spouse on the other's health insurance, though many plans treat separate maintenance like a divorce, so confirm with the insurer. Reaching ten years of marriage can matter for certain military and Social Security spousal benefits. Some couples separate for religious reasons, and others use it as a trial step. The trade-off is that if either spouse later seeks a divorce, the marriage can be dissolved.