This form is a Separation and Property Settlement Agreement. The parties have agreed to a separation due to irreconcilable differences. The agreement also apportions certain property items between the parties. Each party agrees to release and quitclaim his/her right, title, and interest in each item that is apportioned to the other party.
Michigan Separation and Property Settlement Agreement
Category:
State:
Multi-State
Control #:
US-01714-2-AZ
Format:
Word;
Rich Text
Instant download
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How to fill out Separation And Property Settlement Agreement?
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FAQ
In instances of divorce after 10 years of marriage in Michigan, an ex-spouse has the right to claim up to half of the other's workers' compensation benefits, Social Security benefits, and military pension benefits.
Married parties can separate with a formal, written separation agreement which contains a settlement between the parties and which can be binding in a later divorce. Enforcement of the agreement would still require a divorce filing in order to have the court involved as an enforcer of rights and obligations.
You Can't Remarry if You Are Legally Separated Another disadvantage of a legal separation is that it doesn't end your marriage. You can't remarry if you are legally separated. Therefore, you and your spouse must remain married on paper, even if you live apart and consider yourselves divorced.
If you and your spouse can't agree how to divide your property, the judge will decide. Michigan law requires judges to divide property fairly. Fair usually means that each person gets about half of everything. But in some cases, a judge could decide it is fair to divide marital property in a different way.
A legal separation is more formal than just moving apart though. You would need to get a court to approve your decision and put together a legal separation agreement. This is an agreement that divides property, sets an arrangement for raising your children, and ends the financial connection you have to your spouse.
If separate property is commingled, or mixed, with marital property it may be considered marital property at the time of division. For example, you may own a sports car prior to getting married. Under most circumstances, you would retain ownership of the car during the division of property.
Because you decide to leave home and physically separate from your spouse does not mean you are ?legally separated? under Michigan law. For a couple to be ?legally separated? under Michigan law, one spouse must file a request or a complaint about Separate Maintenance.
Legal separation permits each spouse to move on, independently, from their marriage, without going through the formal divorce process. Legally separated couples can often continue providing each other health care, Social Security benefits, and tax benefits.