Legal separation is an option in Michigan, but the state refers to it by a different name: separate maintenance. While Michigan does not formally recognize “legal separation” as some other states do, separate maintenance serves a similar purpose. It allows spouses to live apart and resolve many of the same legal issues addressed in a divorce—such as child custody, property division and spousal support—without actually ending their marriage.
Separate maintenance is a legal process initiated through the court system. One spouse files a complaint for separate maintenance, similar to how a divorce is filed. The court can then issue orders related to parenting time, child support, division of marital assets and debts and alimony. The key difference is that a couple remains legally married, meaning neither party can remarry unless they later obtain a divorce.
People choose separate maintenance over divorce for various reasons. Some do so for religious or moral reasons that discourage divorce. Others may seek to retain certain benefits tied to marriage, such as health insurance, Social Security benefits or tax filing status. It can also serve as a formal step toward reconciliation or be used by couples who are not ready to divorce but need legal clarity during a period of separation.
Filing for separate maintenance
The process for filing a complaint for separate maintenance is similar to that of a divorce. One party files a complaint with the family court in their county and must serve the other spouse. The other spouse then has the opportunity to respond.
However, if the responding spouse files a counterclaim for divorce, the court is required to proceed with the divorce instead of separate maintenance. In this way, separate maintenance can only proceed if both parties agree not to divorce at that time.