Separation Agreement Attorney in Westchester County

Understanding Legal Separation in New York

In New York State, “legal separation” is defined as two spouses who live separately according to a contract that is mutually agreed upon by both parties. In a helpful document, the New York State Unified Court System explains legal separation as follows:

“A separation agreement is a contract between you and your spouse, where you both agree to the following: live separate and apart, who is responsible for paying bills, whom the children will live with, if child support will be paid, what visitation arrangements will be, what happens to the marital property, or anything else you want to include.”

Key Differences: Legal Separation vs. Divorce

The key difference between legal separation and divorce is that a legal separation cannot be decided for you by a family law judge—it must be a mutual agreement that is drafted and entered into voluntarily by both spouses.

With a legal separation, you will still be legally married to your spouse and be able to maintain the benefits that marriage involves. Legal separation gives you and your partner the reigns in deciding how you want to go about living your separate lives. You will remain legally married but have full control over how your personal belongings are distributed, how your financial assets are divided, who has the kids when, and how much child and/or spousal support is paid per month (if any). You decide, not the court.

Reasons to Consider Legal Separation Instead of Divorce:

• If both parties aren’t fully committed to the idea of divorce
• A divorce would hurt both parties financially
• One of the spouses does not wish to lose their insurance

Contact a Westchester County separation agreement attorney to discuss the terms of your separation agreement and whether this is the best option for your future. Call (914) 873-4410 today!

Pros and Cons of Choosing Legal Separation

Legal separation agreements are good options for couples who have children, share a high net worth, are business partners, or are otherwise strongly connected even though their marriage has come to an end.

Benefits of Legal Separation Over Divorce:

• Heated courtroom litigation
• Messy division of property, assets, and debts
• Court-decided custody and visitation
• Court-decided child support and alimony

Limitations of Legal Separation:

• Prevent financial obligations from being stripped or removed
• Heal a marriage if it is indeed broken
• Be the justifier for remarriage, as it is not a divorce
• Act as an order of protection if domestic violence has occurred

Advantages of Legal Separation

When you are legally separated, you will still benefit from:

• Healthcare benefits
• Social Security benefits
• Military spouse benefits
• Tax breaks

Divorce, whether contested or uncontested, will dissolve your marriage and therefore make you ineligible for any of the above benefits as pertaining to married individuals. Legal separation does not do this.

Duration of Legal Separation in New York

There is no official duration requirement or deadline for legal separations in NY. If you and your spouse wish it to last indefinitely, then it would legally hold up. Although, if you wish to divorce in the future, and use legal separation as a basis for the divorce, then you and your spouse must have been living apart for no less than 1 year.

Residency Requirements for Legal Separation in NY

That answer depends on the situation. If you and your spouse have been current residents of New York State and the ground associated with your case occurred in New York, then no proof of residency is necessary. However, if you and your spouse do not meet this requirement, then you must either: