Do you love your spouse but at the same time realize you cannot be with each other? Many marriages are filled with disfunction in communication, sex, fidelity or how you spend money and no matter how much work you put into the marriage, your not sure you can make things workout. Divorce and separation are different and we identify three divorce alternatives when you still love each other.
Divorce and separation. Sometimes ending a marriage is not the best option, when you still love each other.
Separation may change the way you see things and it may make things more clear and in Michigan, there are three options including a private separation agreement, separate maintenance agreement and postnuptial agreement.
The first option is a separate maintenance agreement which is very similar to a divorce except the parties remain married. Unlike a divorce which requires only one party, a separate maintenance agreement allows you to divorce in love. The agreement of both parties (it only takes one person to get divorced). Under a separate maintenance agreement, the parties can live together or separate, property is divided and both alimony and child support can be ordered). If the parties reconcile, the separate maintenance agreement can be set aside and the parties remain married. Unfortunately, most insurance companies will not let a spouse remain on insurance nor can you file a joint tax returned when separated under a separate maintenance agreement.
The second option is a postnuptial agreement which is a private contract that contains the terms of separation. Unlike although similar to a separate maintenance agreement a postnuptial agreement is not filed with the court and only introduced for enforcement purposes. As a result, a spouse can remain on the health insurance of a spouse and you can file a joint tax return. If the parties reconcile, the postnuptial agreement can also be set aside.
The third option is a private agreement to separate. Unlike a separate maintenance agreement or postnuptial agreement, the terms of a private agreement are not enforceable in a court. Rather, the parties agree to separate privately.
Some couples like to spend time together; some don’t spend very much time together. Some tolerate their differences easily while others nitpick incessantly without batting an eye. Somewhere in the stream of love and contentment is a breaking point. What’s yours?
Many marriages survive financial problems, conflict and infidelity. However when you still love each other and cannot decide between divorce and separation, you may want to consider a separate maintenance agreement or a postnuptial agreement.
Call us. We can talk with you about your options, both immediate and long term. You don’t have to give up loving; but, you also don’t have to give up your life. Let’s discuss how you can move toward your new happiness and get on the path towards it with the fewest bumps.
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I have been exclusively practicing divorce and family law in Michigan for over two decades. The attorneys at Findling Law all share the core value of practicing law to help people navigate change in their lives, without compromising principles. We specialize in high socio-economic, high-profile and high-conflict cases, while also working with clients of all backgrounds. We recognize that the most important aspect of the practice of law is the application of the law to your specific circumstances. That is why we provide more free information on divorce and family law than any other Michigan law firm. We want to help you manage your situation. Allow our exceptional legal team to help you navigate the change in your life, without compromising principles.