Updated March 19, 2023
A Michigan separation agreement is a legal document that lets spouses determine their rights and responsibilities when they decide they no longer wish to live together but are not yet ready to divorce.
Michigan allows contractual separation agreements, which couples can draft on their own, as well as suits for separate maintenance filed with a court. Separation agreements can address property rights like spousal support and division of property and may also address child custody, although courts may be more likely to modify custody arrangements.
Is a Separation Agreement Legal In Michigan?
Yes, couples can create separation agreements on their own like private contracts, or can submit an action for separate maintenance to be enforced by a court, but the courts do not recognize legal separation as a distinct status.
Source: § 552.7
Legal Separation Requirements
- Filing Fee: $150 (Civil Filing Fee)
- Residency: The spouse receiving the action must have resided in the state for at least 180 days prior to filing, and the spouse filing the action must have resided in the county where the action is filed for at least 10 days prior to filing, unless all of the following apply: the non-filing spouse is a citizen of a country other than the United States; the couple have minor children; and a court could reasonably conclude that the minor children are at risk of being taken out of the country and kept there by the non-filing spouse. (§ 552.9)
- Where to File: In the circuit court for the county where the filing spouse resides.
Related Forms
Download: Adobe PDF, MS Word, OpenDocument
Download: Adobe PDF, MS Word, OpenDocument