What are the implications of a legal separation?

Full question:

What are the ramifications of legally separating but remaining in the same house? Frankly my spouse has made it clear he is no longer interest in a carnal relationship. He does not want me to step outside the marriage but he will not agree to separate physically, for the sake of the kids? If I leave he says I cannot take the kids. I would be happy to remain in the same residence if I am able to pursue my needs on my own time. I don't believe I have to have a dishonest 'affair'. We were hit by the recession hard. Separate residences not much of an option. HELP! Would like to continue to combine financial asserts, child rearing etc. We have been married 10 yrs. Trued everything to heal our irreconcilable differences, extra...

Category: Divorce
Subcategory: Legal Separation
Date: 04/07/2025
State: Michigan

Answer:

In the State of Michigan the law does not contain any provisions that would specifically known as a legal separation, where you file a paper and you are immediately legally separated, nor are you required to be separated to file for a Michigan divorce. However, pursuant to Michigan law there is something known as a Michigan Separate Maintenance action, which many people think of, when they are looking for a legal separation in Michigan.

The procedure for obtaining a Judgment of Separate Maintenance in Michigan is substantially similar to the procedure for a divorce, but when a Judgment of Separate Maintenance is entered you are divorced from everything except the bounds of matrimony.

So, you cannot remarry if you have a Judgment of Separate Maintenance in Michigan. If you receive a Judgment of Separate Maintenance in Michigan and then later decide you do want a divorce, you will generally need to start a new case.

The only grounds for legal separation (separate maintenance) in Michigan is a breakdown of the marriage relationship to the extent that the objects of matrimony have been destroyed and there remains no reasonable likelihood that the marriage can be preserved. There is no residency requirement specified in the statute. [Michigan Compiled Laws Annotated; Section 552.7].

A separation agreement can help the spouses lay out the things that they agree will happen to the children, financial obligations, living arrangements and/or sexual relations.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Is it adultery if you are legally separated?

In Michigan, being legally separated does not automatically constitute adultery. However, the definition of adultery can vary based on personal beliefs and the terms of your separation agreement. If the agreement prohibits dating or sexual relationships, engaging in such activities may still be considered a breach of contract. It's important to clarify the terms of your separation with a legal professional to understand your rights and obligations.

What are the effects of a legal separation?

Legal separation in Michigan allows couples to resolve issues like child custody, financial responsibilities, and property division while remaining legally married. This can provide a structured environment for co-parenting and financial support without the finality of divorce. However, it does not allow for remarriage, and both parties must adhere to the terms outlined in the separation agreement.

What are the consequences of separation?

The consequences of separation can include changes in financial obligations, child custody arrangements, and living situations. In Michigan, a separation agreement can define these aspects, helping to clarify responsibilities. However, since you remain married, issues like inheritance rights and tax benefits may still apply. It’s advisable to consult a family law attorney to navigate these implications effectively.

What is the benefit of legally separating?

One benefit of legal separation is that it allows couples to address important issues like child custody and financial matters while still being married. This can provide a sense of stability for children and allow couples to explore their options without the finality of divorce. It can also serve as a trial period to determine if divorce is the right path.

What are the disadvantages of a legal separation?

Disadvantages of legal separation include the inability to remarry and potential ongoing emotional stress, as you remain legally tied to your spouse. Additionally, if the separation agreement is not well-defined, it may lead to disputes over custody and finances. It's crucial to have clear terms in the separation agreement to minimize conflicts.