Marital Settlement Agreement Michigan Free Form

A marital settlement agreement Michigan spouses sign is a written record of how they will handle custody and visitation, child support, spousal support, the family home, debts, and personal property when the marriage ends. FormsPal's free Michigan Marital Separation Agreement template covers each of those topics. You can fill it out online or download the PDF.

Last Updated: October 2026. This guide is reviewed and updated regularly to reflect current Michigan law. If you notice an error or outdated information, please contact us.

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People search for this document as a marital settlement agreement, a divorce settlement agreement, a separation agreement, or a property settlement agreement. The FormsPal template is titled Michigan Marital Separation Agreement. This page covers all of those names.

What Is the Structure of a Michigan Marital Settlement Agreement?

You decide what goes into your own Michigan marital settlement agreement. The FormsPal template, titled Michigan Marital Separation Agreement, runs eight pages and walks you through each topic in order. It has 18 numbered sections, signature pages for both spouses, and a notary section on the last page.

  • Introduction and disclosures (sections 1 and 2): the purpose, the effective date, and each spouse's financial disclosure.
  • Children (section 3): which children live with each spouse, and the custody and visitation schedules.
  • Child support (section 4): what each spouse agrees to pay.
  • Spousal support (section 5): what each spouse agrees to pay the other.
  • Property and debts (sections 6 to 8): the family home, debts and expenses, and personal property.
  • Insurance (section 9): the policies each spouse keeps in place.
  • Standard terms (sections 10 to 18): amendments, binding effect, severability, governing law, change of residence, confidentiality, and similar closing terms.
  • Signatures and notary (the last pages): each spouse signs, and a notary section closes the document.

Every section of the template is a blank to fill in, so complete each one that applies to your marriage. You can fill in the downloaded PDF with our online PDF editor. Many couples make the agreement as detailed as they can, because a topic it does not cover is a topic the spouses have not settled. Many also have a lawyer read the finished agreement before they sign.

Read section 1.3 of the template before you sign. The agreement takes effect on the date of signature, but its effectiveness is conditioned on the dissolution of the marriage. If the dissolution does not take place, the agreement is null and void.

State of Michigan Divorce Laws That Affect Your Settlement Agreement

Two sections of the Michigan Compiled Laws bear on what a settlement agreement should cover, namely property and life insurance. Section 552.19 gives the court power over property when a marriage ends.[2] Section 552.101(1) requires the divorce judgment to settle life insurance rights.[1] The two subsections below explain each one in plain words.

  • Section 552.19: property that came to either spouse by reason of the marriage, restored in whole or in just and reasonable parts, or replaced by an award of its value in money.
  • Section 552.101(1): the rights in the proceeds of life insurance, endowment, and annuity policies.

A Michigan court grants a judgment of divorce only if the complainant or the defendant has lived in Michigan for 180 days immediately before the complaint is filed. The complainant or the defendant must also have lived in the county where the complaint is filed for 10 days immediately before filing (Section 552.9(1)).[3]

No proofs or testimony are taken in a divorce case until 60 days after the complaint is filed, except where the cause for divorce is desertion or when testimony is taken conditionally to preserve it. When there are dependent minor children under 18, the wait is 6 months from the day the complaint is filed (Section 552.9f).[4]

Property and the Court's Power Under Section 552.19

Section 552.19 applies upon the annulment of a marriage, a divorce from the bonds of matrimony, or a judgment of separate maintenance. In any of those cases, the court may enter a further judgment about property. It can restore to either spouse the whole, or the parts it deems just and reasonable, of the real and personal estate that came to that spouse by reason of the marriage. It can also award the value of that estate, to be paid in money.[2]

The statute puts it this way:

The court may make a further judgment for restoring to either party the whole, or such parts as it shall deem just and reasonable, of the real and personal estate that shall have come to either party by reason of the marriage, or for awarding to either party the value thereof, to be paid by either party in money.

Mich. Comp. Laws § 552.19

The power belongs to the court and runs to either spouse. A settlement agreement is where you and your spouse can write down your own plan for the same property, such as the family home and personal belongings.

Life Insurance in the Divorce Judgment

Section 552.101(1) says each divorce judgment must determine all rights of the wife in the proceeds of any life insurance, endowment, or annuity policy on the husband's life in which she was named as beneficiary. That includes a policy she became entitled to by assignment or change of beneficiary during the marriage or in anticipation of marriage.[1] The statute is written in terms of a wife and a husband.

Because the judgment must settle these rights, many couples list their life insurance policies and beneficiaries in the agreement. The FormsPal template has an insurance section (section 9) for the policies each spouse keeps in place.

Popular Local Marital Settlement Agreement Forms

Although it is not required to file a divorce settlement agreement, this document can give you particular perks: more assurance after the divorce and significantly less headache in court. Here is a list of this sort of regional agreements Googled the most by our visitors.


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Create a free high quality Michigan Marital Settlement (Divorce) Agreement online now!

What Mistakes Should You Avoid Before Signing?

Skipped sections, wrong names or dates, and pages nobody read are the usual trouble spots in a form like this. The checklist below covers the work you can do before you sign. It is practical advice, not a statement of Michigan law, so ask the court clerk or a lawyer about the steps and timing in your county.

  1. Gather your financial records. List income, assets, and debts for both spouses. Section 2 of the template asks each spouse to disclose them.
  2. Decide on the children. Settle where each child will live and the visitation schedule (section 3), then child support (section 4).
  3. Decide on support and property. Cover spousal support (section 5), the family home (section 6), debts (section 7), and personal property (section 8).
  4. List your insurance policies. Note who is the beneficiary of each life insurance policy (section 9).
  5. Read every section. Check names, dates, and amounts. Our chat-with-PDF tool can help you review a long document before you sign. Many people also have a family lawyer review the draft.
  6. Sign and keep copies. The template has signature lines for both spouses and a notary section. Each spouse should keep a signed copy.

Frequently Asked Questions

The answers below come from the two Michigan statute sections cited on this page, section 552.19 on property and section 552.101(1) on life insurance. They describe what those statutes say, not what one court may decide in your case, so ask a Michigan lawyer about your own facts.

What Should a Divorce Settlement Agreement Include?

Start with the two subjects the statutes mention, property and life insurance. Section 552.19 lets the court enter a further judgment on the real and personal estate that came to either spouse by reason of the marriage.[2] Section 552.101(1) requires the divorce judgment to determine rights in life insurance proceeds.[1] An agreement that says who keeps which property and each policy's proceeds speaks to both subjects.

What to Include in a Marital Settlement Agreement?

Many couples cover these topics, and the FormsPal template has a section for each:

  • Children and visitation
  • Child support
  • Spousal support
  • The family home
  • Debts
  • Personal property
  • Insurance

Property deserves detail. Under section 552.19, the court may enter a further judgment on the real and personal estate that came to either spouse by reason of the marriage.[2]

How Is Property Divided in a Divorce in Michigan?

Section 552.19 lets the court restore to either spouse the whole, or such parts as it deems just and reasonable, of the real and personal estate that came to either spouse by reason of the marriage.[2] It can also award either spouse the value of that estate, to be paid in money. Ask a Michigan lawyer how this applies to your property.

Can a Judge Order a House to Be Sold in a Divorce?

Section 552.19 lets the court restore to either spouse the whole, or such parts as it deems just and reasonable, of the real and personal estate that came to either spouse by reason of the marriage.[2] It can also award the value of that estate in money. What a court orders for a particular home depends on the facts, so ask a lawyer about your case.

What Is My Wife Entitled to in a Divorce in Michigan?

Section 552.19 lets the court restore to either spouse, on a divorce, the whole or such parts as it deems just and reasonable of the real and personal estate that came to either spouse by reason of the marriage.[2] The power runs to either spouse, so it applies the same way to a wife and a husband. The judgment must also determine a wife's rights in the proceeds of any life insurance, endowment, or annuity policy on her husband's life in which she was named as beneficiary.[1]

General information, not legal or tax advice.

Sources

  1. Mich. Comp. Laws 552.101(1).
  2. Mich. Comp. Laws § 552.19.
  3. Mich. Comp. Laws § 552.9.
  4. Mich. Comp. Laws § 552.9f.
Published: Apr 12, 2022
Mara Erlach
Mara Erlach
Writer & Attorney
Mara has been practicing estate planning and trust law in California since 2003, taking pride in helping clients of all backgrounds and asset profiles form a complete and customized estate plan. Her specialties are: estate planning, wills and trusts, trust and probate administration.