When couples decide to live apart, they may choose between legal separation and divorce. While both involve living separately, the legal implications differ significantly. At Richards Family Law, we help clients understand these options to make informed decisions about their future.

What Is Legal Separation?

Legal separation, also known as "separate maintenance," allows spouses to live apart without ending their marriage. This arrangement is formalized through a court order and addresses key issues such as:

• Division of property and debts.

• Child custody and parenting time.

• Spousal and child support.

Importantly, a legal separation does not terminate the marriage. The couple remains legally married, which means they cannot remarry unless they later divorce.

What Is Divorce?

Divorce is the legal dissolution of a marriage. In Michigan, a no-fault divorce can be granted when there is an irretrievable breakdown of the marriage. A divorce addresses the same issues as legal separation—property division, custody, and support—but it permanently ends the marital relationship.

Key Differences Between Legal Separation and Divorce

1. Marital Status:

   • Legal Separation: You remain legally married.

   • Divorce: Your marriage is legally ended.

2. Religious or Personal Considerations:
   Some couples choose legal separation due to religious beliefs or personal preferences against divorce.

3. Health Insurance Benefits:
   Legal separation may allow one spouse to remain on the other’s health insurance plan, depending on the policy’s terms. Divorce typically ends such coverage.

4. Reconciliation:
   Legal separation provides an opportunity for reconciliation without requiring remarriage, as the couple remains legally married.

5. Property Rights:
   Both processes involve dividing marital property, but divorce permanently resolves these issues. Legal separation can leave the door open for future adjustments if the couple reconciles or divorces later.

Why Choose One Over the Other?

• Legal Separation May Be Right For You If:

  • You have religious or moral objections to divorce.

  • You want to maintain financial or health insurance benefits.

  • You are not ready to make a permanent decision about your marriage.

• Divorce May Be Right For You If:

  • You want a clean break from the marriage.

  • You plan to remarry in the future.

  • You need finality and closure in legal and financial matters.

How Richards Family Law Can Help

Whether you are considering legal separation or divorce, Richards Family Law is here to guide you. Our experienced attorneys will:

• Explain the pros and cons of each option based on your unique circumstances.

• Help you negotiate agreements on property, custody, and support.

• Advocate for your rights every step of the way.

Contact Richards Family Law today to schedule a consultation and take the first step toward clarity and resolution.