According to the courts, a separation constitutes the living apart of married people. The spouses are not yet permitted to remarry because they are still legally married. The separation can be either legal or non-legal in nature. A legal separation generally refers to a separation that is ordered by a court. A legal separation may include a written agreement involving alimony, child custody, child support, and issues involving division of the parties’ property. A non-legal separation refers to a separation of spouses that is not court ordered. Neither a legal nor non-legal separation is required to file for a divorce thereafter.

Why spouses seek a separation rather than a divorce varies. Some of those reasons include:

  • Religious concerns or issues
  • Insurance and Tax issues
  • Required waiting period for a divorce
  • Trial period apart from one another

Things to Remember When Spouses are Separated

If the spouses share a joint bank account or other accounts, both spouses have the right to withdraw the funds. Therefore during a separation, both parties may want to keep their money separated to avoid any future complications. Both spouses should check their insurance coverage during the period of separation. Some insurance companies do not cover separated spouses.

If Divorce Happens After a Separation

If the spouses’ marriage ends up in divorce, issues decided by the court or the parties in the separation agreement may be determinative of the same issues during the divorce proceedings. Spouses should proceed with caution when entering into a separation agreement, either legal or non-legal, because some of those decisions may continue to follow into the divorce proceedings.

Get Your New York Separation Agreement in 3 Easy Steps:

  1.  Come to our Brooklyn office for a few minutes. While you’re here, complete a simple workbook and sign your documents. We file those documents in court at your request.
  2. Your spouse gets the agreement and signs them in the presence of a notary.
  3. You sign the final papers and they delivered to the court for you if you request.

Whether you live in Brooklyn, Queens, The Bronx, Manhattan, Staten Island or Long Island, we can prepare a separation agreement for you. A legal New York separation is perfect if you’re ready for time apart but aren’t ready to get legally divorced. Many factors come into play here, including religions concerns and financial issues. Separation is a great way to decide how to divide your marital property and marital debts, decide on child custody and visitation, and other marital issues.