Separate Maintenance is distinct from a divorce. Under Michigan law, married couples who wish to separate from each other without filing for divorce may file an action for separate maintenance, sometimes referred to as a “legal separation.” A spouse who decides to pursue a judgment of separate maintenance, rather than a divorce, may do so for a variety of religious and financial reasons.

In an action for separate maintenance, the Court can issue orders regarding the care, custody and support of children, as well the division of property distribution, including spousal support. The most notable difference between a Judgment of Divorce and a Judgment of Separate Maintenance is that, following the entry of a separate maintenance judgment, the parties are still married.