Jan 29, 2014

In the state of Michigan, legal separation is actually called "Separate Maintenance". This revers to an agreement put in place to physically separate without any legal intervention. Separate maintenance isn't right for all situations and if you do want to ensure the bills are paid and support is received, you will need to involve the Family Court.

If you're ultimate plan is to finalize a divorce and move on with your life, it doesn't make financial sense to go through a separate maintenance. This type of legal action is very similar to divorce and all of the same things are done compared to divorce. Spousal support is decided, custody issues are handled, debts are split and property is also divided.

When one party files an action for separate maintenance and the other counters with a claim for divorce, the divorce will be granted by the court automatically.

When is Separate Maintenance Appropriate?

Two situations provide an appropriate time to use separate maintenance instead of divorce. First, if both parties plan to work on the marriage with hopes of eventually reconciling, separation may be a good idea instead of divorce. Second, if one partner has a pre-existing health condition is elderly, sick or unemployed and needs to remain on the other spouse's health insurance.

Other situations may seem appropriate, but if the ultimate goal is divorce, separate maintenance is a waste of time. However, some will choose this legal action instead of divorce for religious, financial or personal reasons.

Regardless of your reasons, if you plan to get divorced or file for separate maintenance, a consult with an attorney skilled in this area of the law will help answer any questions you might have. An attorney can also make sure everything is filed property and help protect you throughout this situation.