New York Separation Agreements. Should You Get One Instead of a Divorce?

Clients often ask me about New York separation agreements, what they are, how they work, and if they should enter one instead of getting a costly divorce.

You should always consider a separation agreement as a valid option and as an alternative to divorce. A separation agreement puts in writing the terms of your separation, which one year from the date the agreement is filed with the court, become the terms of your uncontested divorce.

The benefits of a separation agreement are:

Gives you time to work on your marriage. If you and your spouse can work thing out within a year, then you can rescind the separation agreement and remain married.
Puts into writing the rights and responsibilities of you and your spouse during the separation.
Is an affordable alternative to a costly divorce.
Gives you a time frame in which to work on your marriage. If within a year it still isn’t working, you can officially call it quits.

Unlike divorce, a legal separation doesn’t end your marriage. During your legal separation, you will have a court order that outlines the rights and responsibilities of you and your spouse while you’re living apart. You remain legally married while choosing to live separate lives. Issues that can be addressed in a separation agreement are division of assets and debts child custody and support, visitation schedules and spousal support.

For more information on whether a separation agreement would be right for you, set up your free consultation with our New York divorce law office by calling (866) 830-2064 now…