What Is Separate Maintenance?
Are you considering divorce but unsure whether it is the right choice for your situation? Separate maintenance could be the answer.
Many couples in Michigan choose separate maintenance instead of divorce for financial, religious, or personal reasons. The process of legal separation allows you to address property division, spousal support, and child custody without ending your marriage. It can be a practical or moral alternative to divorce, especially if you do not want to get divorced or have concerns about finances or health insurance benefits.
Before you move forward with a divorce or separate maintenance, you should fully understand your legal options. The family law attorneys at Kraayeveld Family Law can explain how separate maintenance works and whether it suits your goals. We can also guide you through the legal process and protect your rights.
Contact us today or call (616) 383-2679 to arrange a consultation with our separate maintenance attorneys and get the guidance you need to proceed. Our office is conveniently located at 990 Monroe Ave. NW Grand Rapids, MI 49503. Feel free to visit us for a case evaluation!
What Is the Difference Between Separate Maintenance and Divorce?
Michigan uses the term “separate maintenance” to refer to a process many other states call “legal separation.” Separate maintenance is similar to divorce, but couples remain married when the process ends. Separate maintenance allows couples to divide property, determine spousal support, and establish child custody and support without ending their marriage.
To file for separate maintenance, one spouse must submit a complaint to the circuit court. The process requires the same legal grounds and procedures as divorce. However, if the other spouse files a counterclaim for divorce, the court must proceed with a divorce instead.
In both divorce and separate maintenance proceedings, the court divides marital property and debts. The court also decides matters like child custody, parenting time, and child support. Spousal support may be awarded in either case.
One key difference between separate maintenance and divorce is that separate maintenance does not allow either spouse to remarry. Couples might choose this option for religious reasons, financial considerations, or the possibility of reconciliation. If either spouse later wants a divorce, they must return to court. Any property division from the separate maintenance judgment remains in place.
Separate maintenance can work for some couples, but others prefer the finality of divorce. Our Michigan family law attorneys can explain the process and help you determine the best option.
When Is Separation a Better Option Than Divorce?
Separate maintenance works better than divorce for some couples. Some choose it for religious reasons because their faith does not condone divorce. Others see it as a temporary step while they try to repair their relationship. Unlike divorce, separate maintenance keeps the marriage legally intact, which makes reconciliation easier.
Financial factors also play a role in some couples’ decisions. For instance, one spouse might depend on the other’s health insurance, and some plans allow coverage to continue if the couple separates but remains married.. If you opt to proceed with separate maintenance, you cannot start collecting Social Security benefits until your spouse decides to do so.
Emotional and psychological factors can also influence the decision. Some parents believe that staying legally married makes family transitions easier for children. Separate maintenance does not change parenting responsibilities and a court order will determine child custody, parenting time and child support.
Every couple’s situation is different. Some might find that separate maintenance meets their needs, while others later decide divorce is the better choice. Our family law attorneys can help you explore the options and explain how they might affect your future.
Potential Downsides of Separate Maintenance
Separate maintenance has several limitations that can make it less practical than divorce. One significant restriction is that neither spouse can remarry unless they later file for divorce. If one or both spouses eventually decide to marry someone else, they must go through another legal process, which could increase costs and the time they must spend in court.
Separate maintenance can also create financial and legal complications. Michigan legal separation laws require court involvement to divide property, determine spousal support, and decide child custody in separate maintenance cases. The process is nearly identical to divorce, so couples are still responsible for legal fees and court costs. If one spouse later files for divorce, the couple must go through an additional court process and incur even more legal expenses.
Some insurance plans allow non-employee spouses to stay covered after separate maintenance, but others do not. If a health insurance provider treats separate maintenance like a divorce, the dependent spouse could still lose coverage. Couples must check their specific policies before deciding.
Separate maintenance does not work well if one spouse strongly opposes staying married. If one spouse files for separate maintenance but the other files a counterclaim for divorce, the court must proceed with the divorce. That eliminates the option of separate maintenance and forces the couple to go through divorce proceedings if they are not on the same page.
Essential Documents for Legal Separation or Divorce
Anyone filing for separate maintenance or divorce in Michigan must prepare several important documents, including:
- Complaint for separate maintenance or divorce – This document officially starts the legal process. It states the grounds for filing and outlines any relief the parties request, such as property division or spousal support.
- Financial disclosures – Each spouse must provide a complete account of their finances, such as income statements, tax returns, bank statements, retirement accounts, and a list of assets and debts.
- Temporary Orders – Most legal separation proceedings require a Temporary Order to be in place during the pendency of the matter. This temporary order can deal with issues such as exclusive use of the marital home, protective orders regarding the parties’ assets, and all issues related to the minor children, including a child custody agreement or ruling, a child support order based on each of your incomes and the parenting time plan. The court may also order temporary spousal support either based on the parties’ agreement or the court’s review.
- Judgment of Separate Maintenance or Divorce – This document outlines how the couple will divide marital property and debts. If spouses disagree on the division, the court will decide. If the couple has children, they must submit a plan for custody and visitation, or the court will determine what is in the child’s best interests.
Filing for separate maintenance or divorce requires careful planning and thorough documentation. Our family law attorneys can gather and prepare these documents to ensure the process runs smoothly.
Our Michigan Family Law Attorneys Are Ready to Help You Pursue the Best Option
Choosing between separate maintenance and divorce is an important decision, and you deserve clear guidance on your legal options. The family law attorneys at Kraayeveld Family Law are ready to review your situation, explain how each choice could affect your future, and help you make an informed decision.
Contact us now or call (616) 383-2679 to begin your initial consultation and discuss the best path forward for you and your family.