Separation in New York City

Like many other states, legal separation is recognized in New York.  However, it is important to know that simply living apart, regardless of how long, is not considered a legal separation.  Also, unlike divorce, legal separation does not officially end a marriage.  A legal separation allows you and your spouse to establish the rules of how your relationship functions when you know longer wish to live together as a couple.  It also gives the courts the ability to enforce those rules if one spouse violates the terms of the separation.

The separation conditions often set a precedent for the divorce that may come later.  For example, a judge might assume that you were satisfied with the terms of the legal separation, and that the agreement should be transferred to the divorce settlement.  Therefore, it is crucial that you agree on separation conditions that you and your spouse can live with for a long time.

The two forms of legal separation available in New York City and state are separation agreements and separation judgments.

Separation agreements

A separation agreement is a legal contract between you and your spouse that articulates the terms of your New York City legal separation.  This contract contains details regarding spousal support, division of shared property, division of finances, and child custody and support.

Some financial benefits of a legal separation include the following:

• Retention of benefits.  It is possible for you to retain benefits that you had during the marriage.  For example, if you were covered under your partner’s health insurance plan, you may be able to keep those benefits throughout the separation.
• Protection from debt your spouse acquires.  An important aspect of a New York legal separation agreement is that it protects you from holding any responsibility for debt that your spouse incurs during the separation period.

You and your partner should both seek legal counsel if you wish to assemble a separation agreement.  You want an agreement that can protect you and hold up in court in case your partner fails to meet his or her obligations.  Your attorney can assist you in cooperatively establishing the terms of your separation. 

New York City separation judgments

When a separation agreement is not an option, you might wish to obtain a separation judgment.  In this less common option, one partner initiates separation proceedings by establishing fault on grounds similar to those for divorce.  Either partner may sue for a no-fault divorce one year after the court files the judgment of separation.

Contact a qualified lawyer to begin your legal separation

It is never advisable to draft the conditions for a legal separation without the guidance of a skilled attorney.  The experienced lawyers at Bernfeld, DeMatteo, and Bernfeld, LLP can help you through every step of the separation process and protect your interests in a separation agreement or judgment.  Contact Bernfeld, DeMatteo, and Bernfeld, LLP today for more information.