If you are considering ending your marriage but are unsure whether to file for divorce yet, you may want to consider filing for separate maintenance. In Mid-Michigan, whether you live in Lansing, Jackson, Eaton County, Charlotte, St. Johns, Ingham County, or Ionia, there is no such thing as a “legal separation.” Instead, separate maintenance is the legal alternative to completely dissolving the marriage. It’s really just a legal separation, but with a different name. Consulting with an experienced family law attorney can help you decide which choice is best for you.
This blog provides an overview of legal separation versus divorce under current Michigan law, explaining how these options impact property, parenting, and future rights.
Why Do Some Couples Choose Legal Separation Over Divorce in Michigan?
Divorce ends the marriage, while a separate maintenance judgment allows the spouses to remain legally married. Separate maintenance VERY closely resembles a divorce. All the issues that are settled in a divorce case are also settled in a separate maintenance (legal separation) case. A big reason couples choose this option in and around Lansing is for religious reasons. Some faiths prohibit divorce. Another less common reason for a separate maintenance is situations where one spouse has great medical insurance, but the other spouse will lose that insurance benefit if the parties divorce. However, some insurance policies may end even when there is a legal separation, just as in a divorce case. A separate maintenance order is similar to being divorced, but technically, the spouses remain legally married. Separate maintenance accomplishes many of the same goals as a divorce action, including:
- Division of marital property and debts
- Establishing child custody and parenting time
- Determining child support and spousal support (alimony)
Some people mistakenly believe that a separate maintenance case can be turned into a divorce case. This is not correct under Michigan law. Our law has no provision to convert these cases into divorce cases.
Legal Process: Separate Maintenance vs. Divorce
The legal processes of separate maintenance and divorce are nearly identical, except that the final judgment does not dissolve the marriage. It should be noted that if a spouse files for separate maintenance, the other can object and instead request that the court enter a judgment of divorce. Your Michigan family law attorney will advise you on each step and the best legal strategy to use.
- Filing the Complaint
- Service and Response
- Negotiation or Litigation
- Final Judgment
Financial Implications of Separation vs. Divorce
Both processes involve dividing marital assets and debts and may include orders for spousal support. In either case, financial disclosure is mandatory, and accurate valuation of retirement plans, real estate, and investments is important to the outcome. You must discuss with your divorce attorney what your goals are in making the choice between separate maintenance and divorce. The more your lawyer knows about your financial situation and goals, the better they can advise you and help you achieve those goals. Some key financial differences are:
| Issue | Legal Separation (Separate Maintenance) | Divorce |
| Health Insurance | Might remain in place | Typically terminated |
| Tax Filing | Still considered married | File as single or head of household |
| Social Security Benefits | May qualify | Still eligible, but divorce finalizes the status |
| Retirement Accounts | May require QDRO | Divided during property settlement and likely requires a QDRO |
| Debts | Joint responsibility unless addressed in judgment | Equitably divided, and each party is responsible for the debt assigned in the Judgment |
How Children Are Affected
In and around Lansing, the best interests of the child always control how custody is decided, regardless of the type of action. Having a skilled custody attorney who is familiar with child custody cases in Lansing, Eaton County, Clinton County, and Ingham County can be useful in achieving the outcome you desire. Legal and physical custody, parenting time schedules, and child support will be determined in both separate maintenance and divorce proceedings. Your attorney can advise you on what factors to consider and what evidence is needed when preparing your case.
Contact a Skilled Family Law Attorney
If you live near Lansing, Mason, St. Johns, Jackson, Ingham County, Clinton County, Livingston County, or anywhere else in Mid-Michigan, you should always consult with an experienced family law attorney when reviewing your legal options. Every family is different, and a knowledgeable family law attorney can advise you on what direction to choose based on your unique circumstances.
At The Kronzek Firm, we help clients across Ingham, Eaton, Clinton, and Jackson Counties choose between complex legal paths and guide them through each step of the way. We work closely with you to try to achieve the best possible outcome for you. If you are unsure which option is right for you, we are here to help you understand your rights in a non-judgmental way and secure your future. Our team treats every client with dignity and respect, and we are never judgmental. We’re here to help you achieve your goals. We’ve been doing that for more than 30 years.
Whether you are concerned about property rights, custody agreements, or financial protection, a skilled divorce attorney can help you:
- File the appropriate petition
- Protect your legal and financial interests.
- Reach a resolution that aligns with your values and goals
📞 Our attorneys have assisted thousands of Michigan clients since the last century. Schedule a consultation at our Lansing office by calling (517) 886-1000.
[Disclaimer: This content is for informational purposes only and does not constitute legal advice. Consult an attorney for personalized guidance.]