For a couple to be “legally separated” under Michigan law, a spouse must file a separate child support application or claim. The other spouse must agree to the legal separation procedure; If the other spouse does not agree and prefers to divorce, the court will undoubtedly grant divorce in the event of legal separation. It`s very similar to a legal divorce in almost every way. The only big difference, of course, is the fact that the couple is still legally married to each other and therefore cannot remarry. Couples who have been legally separated, regardless of the length of the separation or how little contact they have with their spouse, cannot remarry without first receiving a divorce decree. A separate support judgment allows a married couple to live apart, continue their single life, and exist as if they were divorced without having to go through the legal process of divorce. While nothing changes from a legal perspective, meaning they are still legally considered married, they can live separately, file tax returns separately, and enter into court-ordered agreements on custody of their children, as well as child and spousal support arrangements. But many employers and insurance companies now consider a separate alimony judgment to be tantamount to divorce. Therefore, they will not extend health insurance to separated spouses.

For this reason, if the main reason you`re considering separation is to continue to get joint health insurance, we recommend that you seek the advice of an experienced family law attorney before making any life-changing decisions. A discussion with your HR staff is also a good idea to ask if a legal separation will result in a loss of health insurance for your spouse. Just because you choose to leave home and be physically separated from your spouse doesn`t mean you`re “legally separated” under Michigan law. In most cases, clients who ask about divorce or separate support choose to divorce. This is because even after spending the time and expense to negotiate a separate final support order, you are still legally married to your spouse. If one of you decides to remarry over the years, you will need to go back to court to file a divorce suit that accepts your previous separate support agreement. A separate support agreement or a controversial separate support order is a divorce alternative that gives you most of the benefits of a wealth-splitting arrangement without legally dissolving your marriage. In the past, separate maintenance agreements benefited spouses (mainly wives) who were stigmatized or even faced negative legal consequences in the event of divorce. Alternatively, couples who opt for separate alimony instead of divorce may do so for religious reasons. There are a variety of reasons why marriages fail or fail, leading couples to file for divorce. However, this will legally end a couple`s marriage, which is an irrevocable step that some couples may not be willing to take.

In many cases, couples opt for a trial separation while deciding whether they can repair their relationship, or whether they want to stay married for religious or cultural reasons. For most people, whether you`re married or not, once you and your partner don`t live together, you`ve “separated.” But marriage is a legal agreement between two people, not a way of life. Just because you`re moving doesn`t mean you`re legally separated. There are thousands of state and federal laws that use the words “spouse,” “husband,” and “wife” to define rights and obligations for everything from taxes to intensive visitation. Without a formal legal separation, which Michigan calls a separate child support agreement, you can feel tied to your spouse`s assets and debts long after the keys are handed over. After a separate maintenance judgment, the spouses can live separately but remain legally married. Spouses should know that if a child is born to a mother who is still legally married, her spouse is considered the child`s legal parent, even if another person is the biological father. If one of the spouses wants to remarry, he or she must divorce. After filing for divorce, they may be able to include decisions made in their separation agreement in their divorce judgment. All issues considered in divorce proceedings will be considered in separation proceedings, including custody, parental leave, child support, division of property, and spousal support. The main difference between a divorce and a legal separation is that your marriage is legally terminated and perhaps more importantly, you are free to marry someone else.