A suit for separate maintenance is similar to one for divorce in that both provide for child custody, support, and, when applicable, alimony and division of property. Legally, it differs significantly from divorce in that divorce terminates the entire relationship between the parties whereas separate maintenance merely defines their respective obligations.
The usual problem with separate maintenance is that it is generally not a final solution. The parties are still legally wed and not free to marry another partner. Another problem is that separate maintenance proceedings frequently turn into divorce proceedings. Under Michigan law, when a compliant for separate maintenance is answered by the other spouse with a request for a divorce, the proceeding is automatically converted into divorce action. Some find this aspect of the law to their liking, particularly those who prefer the burden of requesting the divorce to be on the opposite spouse. Separate maintenance is also useful for persons having religious or moral objections to divorce.
