Difference Between a Divorce and Legal Separation in Michigan – ChooseGoldman

It seems that everyone knows what a divorce is because, unfortunately, they have become a common occurrence in our society. Two people get married, and then, two people get unmarried, and are free to marry someone else. So what is a legal separation, and why does it make sense for some people?

Divorce in Michigan

You cannot get married to another person if you are already married. So, those who are legally separated are barred from marrying another person even though the procedures and issues that need to be dealt with are the same whether a couple is seeking to get a divorce or separate maintenance.

Separate Maintenance in Michigan

In those cases where the parties elect separate maintenance, property division and spousal support issues must be dealt with should the parties have differing opinions. The three main reasons that people opt for separate maintenance over divorce are that they want to do it for family reasons, financial reasons, or religious reasons. Lots of people decide that it is in the best interests of their children to stay married, therefore, they file for separate maintenance. Others may elect separate maintenance over divorce for health care and insurance purposes. Finally, separate maintenance may make sense where the parties’ religion frowns upon divorce.

Jurisdictional Requirements for Separate Maintenance

The jurisdictional requirements to file for separate maintenance are the same as in a divorce. At least one party must be a resident of the state of Michigan for at least 180 days before filing, and must also be a resident of the county filed in for at least 10 days before filing.

Talk to a Family Law Attorney Today

If you are thinking about divorce or separate maintenance, you should contact an attorney for a consultation. Attorneys can work with you and your spouse to determine what makes sense for your particular situation. Akiva Goldman & Associates have over 25 years of family law experience. Contact our office today for a free initial consultation at 586-268-2400.

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Difference Between a Divorce and Legal Separation in Michigan – FAQs | ChooseGoldman

When a marriage reaches a difficult point, some couples in Michigan may not be ready to divorce, but still want to live apart and handle legal matters like finances, custody, or property. Understanding the difference between divorce and legal separation (separate maintenance) is essential before making a life-altering decision. At Akiva Goldman & Associates, we help you choose the best legal path—based on your needs, values, and future goals.

Below are the most frequently asked questions about legal separation vs. divorce in Michigan.

What’s the main difference between divorce and legal separation in Michigan?

In Michigan, divorce ends the marriage, while legal separation (separate maintenance) keeps the couple legally married but allows for court orders on:

• Child custody

• Spousal support

• Division of assets and debts

The key distinction: divorce dissolves the marriage, while separate maintenance does not.

Explore more on Michigan Divorce Law.

Does Michigan recognize legal separation?

Michigan doesn’t use the term “legal separation” in the court system. Instead, it recognizes separate maintenance, which functions similarly. It allows couples to live separately with legal agreements on key matters—without finalizing a divorce.

To begin, you must file a complaint for separate maintenance in the family division of your county court.

Why would someone choose legal separation over divorce?

Some Michigan couples choose separation over divorce for reasons such as:

• Religious or moral beliefs against divorce

• Continued health insurance or military benefits

• Time to attempt reconciliation

• Financial or tax considerations

It allows them to protect their legal rights without ending the marriage entirely.

Can I remarry if I’m legally separated in Michigan?

No. Since legal separation (separate maintenance) does not end your marriage, you are still legally married and cannot remarry. Only a finalized divorce allows you to legally marry someone else.

How do I file for separate maintenance in Michigan?

The process is similar to divorce:

1. File a complaint for separate maintenance in family court

2. Serve the other spouse

3. Address issues like custody, support, and property division

4. Reach a settlement or go to trial

A key difference: if your spouse counters by filing for divorce, the court must proceed with the divorce instead.

What happens if my spouse wants a divorce, but I want a legal separation?

If one party files for separate maintenance and the other responds with a divorce filing, Michigan law requires the court to move forward with the divorce. Both parties must agree for a separation to proceed.

Can we divide property and debts in a legal separation?

Yes. Just like in a divorce, the court can issue orders regarding:

• Division of marital property

• Allocation of debts

• Spousal support

• Parenting time and custody

These terms can be formalized in a judgment of separate maintenance.

Is child support handled the same in separation and divorce cases?

Yes. Whether you file for divorce or separate maintenance, child support is calculated using the same Michigan Child Support Formula, which considers:

• Both parents’ incomes

• Number of overnights with the child

• Childcare or health insurance expenses

Learn more on our Child Custody & Support page.

How long does a legal separation take in Michigan?

The timeline for separate maintenance is similar to divorce. It typically takes a few months, depending on:

• Whether it’s contested or uncontested

• Court scheduling

• Complexity of custody or financial issues

The minimum waiting period is 60 days, but it can take longer in cases involving children.

Can we later convert a legal separation into a divorce?

Yes. You or your spouse can later file for divorce, even if you initially obtained a separate maintenance judgment. The court may consider the existing agreement when finalizing divorce terms—but it’s not automatic.

Is a separate maintenance judgment enforceable in Michigan?

Absolutely. A judgment of separate maintenance is a legally binding court order. If your spouse fails to comply with custody, support, or property terms, you can return to court for enforcement.

Does separate maintenance affect my health insurance benefits?

Yes and no. Since you’re technically still married, some employer-sponsored plans allow continued coverage for a spouse. However, not all employers or insurance carriers honor this—so you’ll need to verify with your provider.

How do taxes work during a legal separation in Michigan?

You remain married for tax purposes, meaning you may still file:

• Married filing jointly (if both agree)

• Married filing separately

A legal separation doesn’t change your marital status on IRS records. For personalized advice, consult both your attorney and tax professional.

Does Michigan require a reason to file for legal separation or divorce?

No. Michigan is a no-fault state, meaning the only requirement is that the marriage has broken down with no chance of reconciliation. The same applies for separate maintenance—you do not need to prove wrongdoing.

👥 Need Help Deciding Between Divorce and Legal Separation?

Choosing between legal separation and divorce is a deeply personal decision. At Akiva Goldman & Associates, we take the time to listen and provide legal solutions that protect your family, finances, and future. Contact us for a free consultation to explore your options.