Michigan Divorce Education Series
Michigan legal separation: “Honey, we have to talk.” These words can be a cause for concern, or even lead to divorce. Many people struggle with the decision to divorce. Michigan law provides alternatives to divorce, including legal separation. The webinar provides a comprehensive look at Michigan legal separation agreements.
In Michigan, there are three types of separation agreements.
First, a private separation agreement. Second, a Separate maintenance agreement and third, a Post nuptial agreement. Each separation agreement has advantages and disadvantages.
A private separation agreement is simply an agreement by the parties on the terms of a separation. You may consider yourself separated, but there is no enforceable document under Michigan law. A private separation agreement can also complicate a case if the legal separation migrates to a divorce. For example, the “agreement” regarding property, the kids, or support, will likely not be enforceable in court. Even worse, you could hurt a custody case by creating an established custodial environment.
A legal separation is only “legal” under Michigan law, if it structured as either a Separate Maintenance Agreement or prenuptial agreement.
A Separate maintenance Agreement is similar to a divorce, however, the parties remain married. Historically, Separate maintenance agreements were entered into to allow a spouse to remain on health insurance. Unfortunately, the ability to keep health a spouse on health insurance under a Separate Maintenance agreement has lapsed. Another basis for entering into a Separate maintenance agreement is to avoid a divorce, especially in situations where moral or religious concerns are paramount.
I am a big fan of a post nuptial agreement. This separation agreement is the most valuable tool in a Michigan divorce lawyers tool box and is enforceable under Michigan law. Unlike a Separate maintenance agreement, you can remain on your spouses health insurance, while living separately. A post nuptial agreement is similar to a prenuptial agreement, but entered into after you marry.
This video is part of the Michigan Divorce Education Series by Findling Law and provides a comprehensive look at legal separation by a leading Michigan divorce attorney. Private legal separation agreements, Separate maintenance agreements and Post nuptial Agreements are compared and contrasted. Consideration is given to child custody, child support and parenting time concerns under Michigan divorce laws.
Findling Law and the Michigan Divorce Education Series provides you with the legal help you need in deciding if a divorce, or legal separation is right for you.
A recent NBC headline on the topic reads: If you ran out of time for a prenup, try a postnup.
Legal separation may be right for you.
We are here to help you navigate this journey by focusing on your goals. If you have any questions concerning any aspect of the law, let me know. My direct line is 248-399-3300 or toll free: 877-968-7347.
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By: Daniel Findling
The Divorce Guy, Michigan Divorce Attorneys and Specialists