Marital Separation FAQ

Serving Detroit, Ann Arbor and all of Michigan

What is legal separation?
Legal separation, also referred to as separate maintenance, is a proceeding that allows a separating couple to establish separate households, including arrangements for spousal maintenance, child support, visitation and custody, and other issues, while remaining officially married.

Why file for legal separation?
Many couples file for legal separation instead of divorce for religious reasons, or to maintain certain financial benefits of marriage, such as joint health insurance and tax benefits.

Can I be held responsible for my spouse's expenses while we were legally separated?
No. Legally separated couples are individually responsible for any debts or expenses they incur after the separate maintenance order is issued.

Is my spouse entitled to any of the property I acquire after the separation?
No. Each household is considered independent, so anything acquired after the separation is not considered community property.

What are the differences between legal separation and divorce?
In most respects, marital separation and divorce are identical. The difference is that, in a legal separation, the couple remains legally married.

Other questions?
If you have any questions not answered here, or if you would like to discuss your case with an experienced family attorney, call or click here to schedule your free personal, confidential consultation with an experienced divorce lawyer.