Often confused with a legal separation in Michigan or divorce, separate maintenance is a distinct legal process that allows married couples to live apart without formally dissolving their marriage.

Below, we provide an overview of separate maintenance, including what it is, how it works, and how to file.

Michigan, unlike other states, does not recognize legal separation. Instead, the state offers an alternative called separate maintenance. Often confused with a legal separation in Michigan or divorce, separate maintenance is a distinct legal process that allows married couples to live apart without formally dissolving their marriage.

What Is Separate Maintenance?

Separate maintenance is a legal process that allows married couples to separate while maintaining their marital status. Unlike divorce, which dissolves the marriage, separate maintenance allows married couples to address issues like property division, child custody, spousal support, and child support without formally dissolving their marriage. This option can be appealing for various reasons, including religious beliefs, personal preferences, or the desire to reconcile in the future.

Michigan’s Separate Maintenance Statute

Michigan Compiled Laws (MCL) 552.7 regulates Separate maintenance in Michigan. Under this statute, either spouse may file for separate maintenance provided they meet the residency requirements. Pursuant to the law, one party must have lived in Michigan for at least 180 days before filing and in the county of filing for at least ten days.

Unlike divorce, which requires an “irretrievable breakdown of the marriage,” separate maintenance only necessitates that one party no longer wishes to live together. Similar to a divorce proceeding, the court will address matters such as property division, spousal support, and, if relevant, child custody and support.

Separate Maintenance vs. Divorce: Key Differences

While separate maintenance shares similarities with divorce, it’s essential to understand their fundamental differences.

  • Marital status. In a separate maintenance, the couple remains legally married. A divorce dissolves the marriage.
  • Finality. Separate maintenance provides a temporary resolution, while divorce offers a permanent end to the marriage.
  • Reconciliation. Couples seeking separate maintenance often hope to reconcile, whereas divorce typically signals the end of the relationship.
  • Financial responsibilities. In separate maintenance, both spouses are still financially responsible for each other, while in divorce, financial responsibilities are typically divided through alimony or spousal support agreements.
  • Legal implications. Separate maintenance may not have the same legal implications as divorce, such as the ability to remarry or inherit property as a single individual.

Couples need to understand the differences, carefully consider their options, and consult with a knowledgeable family law attorney before making a decision.

Why Choose Separate Maintenance Over Divorce?

Couples might opt for separate maintenance in Michigan instead of divorce for several reasons:

  • Religious beliefs. For some, divorce may conflict with religious principles, making separate maintenance a preferable option.
  • Health insurance benefits. Unlike divorce, separate maintenance may allow spouses to remain on each other’s health insurance plans, which can be a significant factor if one spouse requires ongoing medical care.
  • Financial considerations. Some couples may choose separate maintenance to retain certain financial benefits tied to their marital status, such as pension or Social Security benefits.
  • Estate planning. Separate maintenance might affect inheritance and estate planning.

Separate maintenance can also provide a sense of security for individuals who are not ready to dissolve their marriage fully but still need legal protections.

Downsides of Separate Maintenance

Separate maintenance does have its drawbacks. A separate maintenance order can be considered a “life event” by health insurance companies, potentially leading to termination or denial of coverage for the other spouse if you are the policyholder.

In the event a child is conceived during the separation of an opposite-sex couple, the husband is presumed to be the child’s legal father, even if he is not the child’s biological father. In the case of same-sex marriage, where one spouse conceived with the help of an anonymous sperm donor and the child was born during the marriage, both spouses are legal parents.

Lastly, a separate maintenance order keeps your marriage intact, meaning you cannot marry another person until you are divorced.

How to File for Separation in Michigan

Filing for separation in Michigan follows a similar procedure to filing for divorce but with some critical differences. Here’s how to initiate the process.

Filing the Complaint 

The spouse seeking separate maintenance must file a complaint with the family division of the Circuit Court in the county where they reside. This document outlines the grounds for separation and what the filing party requests regarding property division, support, and custody.

Serving the Complaint 

Once filed, the complaint must be served on the other spouse, who has 21 days to respond if served within the state or 28 days outside Michigan. Failure to respond can result in a default judgment.

Court Proceedings 

If both parties agree to the terms, they may enter into a separate maintenance agreement, a legally binding document outlining the division of assets, responsibilities, and obligations. If there’s disagreement, the court will intervene to decide on the unresolved issues, similar to a divorce proceeding.

Final Judgment

Upon resolution of all matters, the court issues a Judgment of Separate Maintenance, which formalizes the couple’s legal separation without dissolving the marriage.

Key Components of a Separate Maintenance Agreement

A separate maintenance agreement is a critical document in the process. It’s similar to a divorce settlement agreement but does not terminate the marriage. Key elements typically included are:

  • Property division—outlines how assets and debts are divided between the spouses;
  • Spousal support—details any alimony or spousal support payments;
  • Child custody and support—if you have children, this section addresses custody arrangements and child support obligations; and
  • Living arrangements—specifies where each spouse will live and any stipulations about the marital home.

The agreement becomes legally binding once the court approves it. It can be modified only under certain circumstances, such as a significant change in one spouse’s financial situation. It’s essential to have an attorney review the agreement to ensure it’s legally sound and protects your interests.

Take the Next Steps with Experienced Legal Guidance on Your Side

Separate Maintenance in Michigan is complicated, so having an attorney is necessary to help you understand your options and safeguard your interests. At Vantage Group Legal Services, our network of knowledgeable Michigan family law attorneys is ready to help you achieve the best possible outcome. 

Whether you’re considering separate maintenance or divorce or need assistance with other family law matters, contact us today to connect with an attorney who can provide the expertise and support you need.

Separate Maintenance FAQs 

What Happens If You Want to Convert Separate Maintenance into a Divorce?

If, after some time, you decide that you no longer wish to remain legally married, you can convert your separate maintenance into a divorce. Doing so involves filing a new complaint for divorce and may require revisiting issues like property division, spousal support, and child custody. However, you will have laid much of the groundwork in the separate maintenance process, which can carry over to the divorce proceedings.

What Is the Cost of Filing for Separate Maintenance in Michigan?

The filing fees for separate maintenance are similar to those for divorce, generally ranging from $150 to $300, depending on the county. Additional costs may include attorney fees, especially if the case is contested.

Can I Modify a Separate Maintenance Agreement?

Yes, you can modify a separate maintenance agreement if there is a significant change in circumstances, such as a loss of income or increased child-related expenses.

How Long Does the Separate Maintenance Process Typically Take?

In addition to the mandatory waiting period, the duration of a separate maintenance case varies depending on factors such as the complexity of the issues and the spouses’ cooperation. 

Can I Represent Myself in a Separate Maintenance Case?

While it’s possible to represent yourself, hiring an attorney to protect your rights and interests is generally advisable.

What Happens If We Reconcile During the Separate Maintenance Process?

If the couple reconciles, they can typically dismiss the separate maintenance case by filing with the court. However, consulting with an attorney is recommended to ensure you understand the legal ramifications.

Is Separate Maintenance Recognized in All States?

Separate maintenance is specific to Michigan and a few other states. If you move out of state, you may need to convert your separate maintenance to a divorce or legal separation to have it recognized elsewhere.

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