Divorce or Separation in Michigan: How They Differ and What to Consider
Divorce vs. Separation
Choose the best path forward for you.
When a marriage is struggling, it’s important to understand your legal options. In Michigan, couples can choose between divorce or a process known as “separate maintenance.” Divorce ends the marriage entirely, while separate maintenance allows spouses to live apart and settle financial and parenting matters without dissolving the marriage. Knowing the differences can help you make the choice that best protects your future and your rights.
Separate Maintenance: Michigan’s Version of Legal Separation
Michigan does not formally recognize the term “legal separation.” Instead, it offers a process called separate maintenance. This arrangement lets spouses establish financial independence, decide parenting schedules, and live apart—while still remaining legally married.
A separate maintenance agreement can include:
Division of assets and debts
Parenting schedules and custody decisions
Child support, and in some cases, spousal support
Health coverage and certain shared benefits
Financial independence without ending the marriage
Important: Separate maintenance only moves forward if both spouses agree. If one spouse requests a divorce instead, the court will proceed with the divorce process.
Divorce: The Legal End of Marriage
Divorce is the official, permanent termination of a marriage. Michigan follows a no-fault system, meaning one spouse can file without proving wrongdoing by the other.
Once finalized, a divorce will:
Legally end the marriage
Divide marital assets, debts, and property
Establish custody, parenting time, and support orders
Allow both parties to marry other people
End most spousal benefits, such as health insurance
After divorce, both parties are legally single and financially independent, except for any ongoing support obligations ordered by the court.
Key Differences Between Divorce and Separation
While both separate maintenance and divorce involve resolving property division, child custody, and support, the outcomes are very different. Separate maintenance keeps the marriage legally intact, meaning neither spouse can remarry and certain benefits—such as health insurance—may still be shared if permitted. Divorce, on the other hand, legally ends the marriage, allows both people to marry again, and generally eliminates shared spousal benefits. Another difference is that separate maintenance requires agreement from both spouses, while divorce can be initiated by just one.
Why Some Couples Choose Separation Over Divorce
While divorce is final, separate maintenance may be a more favorable option for couples in certain situations, such as:
Faith-based reasons – Divorce may conflict with religious or moral beliefs
Health coverage concerns – One spouse may want to remain on the other’s insurance (though some insurers treat separation as a reason to end coverage)
Trial period apart – Time apart can give couples space to work on the relationship while maintaining legal protections
Financial or tax considerations – Remaining legally married can sometimes provide financial advantages
Making the Decision
Choosing between separation and divorce affects your legal rights, finances, benefits, and future plans. Because both processes can be complex, consulting a Michigan family law attorney is the best way to understand your options and ensure your decisions protect your long-term interests.
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Family Law Guidance with Divorce vs. Separate Maintenance
Family law attorney Anne Tuinstra has guided many couples through the process of divorce and separate maintenance. If you have questions or need assistance, don’t hesitate to reach out to Anne for support.