Considering a Separation Agreement in Michigan: What You Need to Know

Most people go into marriage understanding that it’s going to be work, but it’s a trade-off they’re willing to make for the love, companionship, and security inherent to this personal union. Unfortunately, not all marriages can stand the test of time, and partners may face irreconcilable differences that make it impossible for them to continue the marriage.

What it you’re not quite ready to throw in the towel, though? You may need some time apart from your spouse to reflect on your situation and see if there’s anything left to salvage or if you can work on issues to find a way forward together. Or maybe a physical separation is just the first stepping stone toward divorce proceedings.

In both cases, you probably want to consider a separation agreement. Just because you’re not living in the same residence as your spouse doesn’t mean you’re legally separated – you’re simply married and living apart, which changes nothing from a legal standpoint. What is a separation agreement and why do you need one?

What is a Separation Agreement?
If you separate from your spouse and you’re able to amicably arrange to split assets, debts, and children, just for example, you might not need a separation agreement. However, until you have your agreement in writing, the court views all ownership, debt, and so on as being joint, so even if your spouse takes his/her name off the title to your house, he/she is still entitled to half as part of marital property.

In addition, if your spouse decides to open credit cards and go on a spending spree, you’re still liable for half of the debt. A separation agreement can help to unsnarl these legal entanglements, and in most cases, such agreements are merely a segue to a divorce settlement.

Separation agreements may deal with division of property and debt, child custody, child support, and spousal support. What makes them a little different from the average divorce settlement is that the details are determined by the separating parties (i.e. you and your spouse) and then approved by the judge, rather than having assets divvied up by the court in a way that parties may not agree with.

It’s important to understand that the separation agreement must be generally equitable or the judge may not approve it. Courts will consider a number of factors when approving such agreements, including earnings, the needs of children, property provenance, marital contributions, length of marriage, and reason for divorce.

Insurance and Wills
In a Michigan divorce, any legal documents that list a spouse as beneficiary will automatically become invalid. If you want to maintain your ex-spouse as a beneficiary of a life insurance policy or in your will, you need to specify this desire as part of the separation agreement.

Separation agreements are often preferable to standard divorce settlements because they’re convenient for married couples living apart that may not be ready for divorce yet, and they allow couples to manage the details of separation largely on their own, without court interference. Before you decide to enter a separation agreement, it’s best to consult with a qualified attorney at The Gucciardo Law Firm for guidance and legal services. Contact us today at 248-723-5190.