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.
Find out where you stand in Michigan
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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).
- 5
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
Separate Maintenance, Not Legal Separation
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).
Marriage Is Not Dissolved
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.
Same Grounds as 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).
A Divorce Counterclaim Can Change the Outcome
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).
180-Day State and 10-Day County Residency
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.
A Written Agreement Fixes Rights
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.
Property and Support
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.
Reasons to Choose Separate Maintenance Over Divorce
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.