A client may ask about a “legal separation.” There is no such action authorized by statute in Michigan. A judgment of separate maintenance or a written separation agreement may be suitable, providing defined financial arrangements without divorce.
An action for separate maintenance is unusual. Sometimes a couple will request separate maintenance because they have a religious objection to divorce, or they want to stay married so that both parties have continued health care coverage. An action for separate maintenance is filed in the same manner and on the same grounds as a divorce. Marital property is divided and the court may order spousal support. When the matter is concluded, a judgment of separate maintenance is entered and the parties are still technically married.