What Is Separate Maintenance vs. Divorce In Michigan?
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Learn more about divorce alternatives in Michigan.
People may want to stop their relationship with their spouse but may not wish to divorce. It may be tough for two individuals to overcome their differences and challenges and remain together. Divorce, on the other hand, isn’t always the best decision for some couples. For others, it may be desirable to live separately and file a separate maintenance complaint. Separate maintenance is one of several divorce options in Michigan. However, it is rarely used since it does not suit the demands of most spouses.
Defining Separate Maintenance in Michigan
In Michigan, separate maintenance is like legal separation where a married couple lives separately, and quite similar to divorce in terms of procedure. Separate maintenance legally acknowledges couples living apart and governs the split of property, liabilities, and assets. A Separate Maintenance Judgment is remarkably similar to a divorce, requiring the same documents, the same grounds to be discussed, and the same process involved.
Separate maintenance is similar to divorce in every manner, except that at the end of the case, you are still legally married and consent to a separate maintenance ruling. Michigan’s separate maintenance, like divorce, involves various considerations, including the following:
- Taxes
- Religion
- Insurance
- Immigration
- Health Care
- Social Security
- Pension Benefits
In the best cases, couples realize the need for separation but have the intention of working through their issues and reuniting. While spouses can separate without going to court or getting a formal Separate Maintenance Judgment, we feel that families do best when they are assisted by a legal team and have proper, well-organized arrangements in place. With so many critical aspects at play, our family law experts can guarantee that orders are implemented and understandings are respected, regardless of the developing scenario.
Differences Between Michigan Separate Maintenance and Michigan Divorce
Separate maintenance and divorce in Michigan have a few key similarities and differences:
- Separate maintenance, unlike divorce, requires both spouses to agree on an agreement.
- The spouses may not remarry while on separate maintenance since they are still legally married.
- Separate maintenance can be terminated, and the couples can reunite following (hopefully) reconciliation.
- Separate maintenance judgments are not subject to a waiting period. Divorces are issued after a 60-day waiting period in marriages without children under the age of 18. When minor children are involved, a 6-month waiting period is required.
- Separate maintenance is similar to divorce in that the court will make legal decisions about custody, parenting time, and child support based on what is best for the child.
When filing for separate maintenance, keep in mind that this might soon turn into a divorce battle. This is due to your spouse’s ability to launch a counterclaim for divorce. If this occurs, the court will no longer recognize this to be a separate maintenance matter but rather a divorce case and will proceed accordingly.
Consult a Michigan Family Law Attorney Today
Goldman & Associates has decades of expertise assisting couples in resolving their marriages and moving on to new pages of their lives. We will help you understand the complexities of separate maintenance and evaluate if it is the best option for you. Make an appointment with an attorney today.