Chryssikos Law Firm

Separate Maintenance

Although Michigan has no legal action called “legal separation”, it does have a cause of action for Separate Maintenance. A Separate Maintenance action is nearly identical to a divorce case in every way and is a good option for individuals looking for an alternative to divorce.

Like a divorce case, it is filed in the Circuit Court for the county in which one of the parties resides, it will result in the entry of a Judgment addressing all of the same issues as a divorce, including custody, child support, spousal support (alimony), property division, etc.

Many of the individuals filing for Separate Maintenance do so due to a moral or religious objection to divorce or those wishing to remain on their spouse’s health insurance, which they may be unable to do in the event of a divorce.

However, unlike a divorce, both the husband and wife must agree to a Separate Maintenance Judgment. If one spouse directs his/her lawyer to file for Separate Maintenance, then the other spouse directs his/her lawyer to file for divorce, the divorce will prevail.