Separation

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A Separation alters the marriage allowing the parties to live separate and apart from each other while still remaining married. A Separation is almost always done by a written Separation Agreement. A Separation can also be done through a contested court proceeding but that is rare.

A Separation Agreement allows the parties to resolve all or some of their issues and to legally live separately without a divorce. It enables them to remain married. Some people prefer a Separation Agreement as it gives them time apart without taking the final step of a divorce. It also allows the parties to continue to be covered on their spouse’s health insurance plans. 

A Separation Agreement can be a ground for a divorce as either party can seek a divorce after living separately in compliance with the Separation Agreement for more than one year. Using a Separation Agreement as a ground for divorce is of much less importance today as New York now has a no-fault “irretrievable breakdown" ground for divorce. 

A Separation Agreement can address all or some of the parties’ issues. As with a divorce, the important rights are determined such as custody and parental rights, financial and property rights, child support, maintenance (also known as alimony), and equitable distribution which is the division of the property and assets and responsibility for the liabilities and obligations. 

These issues will often have a significant impact on the separating spouses for many years to come and long after the divorce is done. It is important to do it right. The skill and experience of the attorney is crucial in having a Separation Agreement drafted so that its terms are favorable for you.