New York Separation Agreements – What’s the Point?

I have been asked “What the point of separation agreements are in light of the new New York no fault divorce law?”

Although couples will no longer need to live separate and apart in accordance with the terms of a separation agreement to get a no fault divorce, separation agreements still have a lot of useful purposes:

1. Separation agreements allow couples to do just that, separate.  Not everyone is sure that divorce is the best or only option.  Taking a separation from each other may be time well spent.  It gives both parties a chance to consider what life would be like without the other.  During this time many couples decide the get back together.  Others figure out they are better apart.
2. During a period of separation its important to have a legal separation agreement filed with the County Clerk.  This will clarify both you and your spouse’s rights and responsibilities during the separation, as well as division of assets and liabilities.  Without a legal separation you will have nothing to  lean on to enforce those rights.
3. You can retain the advantages of being married (i.e., joint tax returns, higher marital tax deductions, insurance coverage, etc.) while living separate lives.  Some couples opt to remain separated rather than actually get divorced.
4. You can do damage control.  If you remain physically separated, but still married, without a separation agreement you are taking the risk that your spouse can claim that time for purposes of valuing his or her share of your pension fund or other assets.

Although a separation agreement will soon no longer be needed to obtain a no fault divorce, it still have many useful applications.

If you are considering a legal separation agreement, please call us at (866) 830-2064 to schedule a free consultation with a New York separation agreement lawyer.