While New York does not grant legal separations, couples can achieve similar results through a separation agreement.
It is a legally binding document allowing spouses to outline their separation terms while remaining married. Separation agreements can help New Yorkers preserve the legality of marriage while living separate and apart.
Creating the agreement
To establish a separation agreement, both spouses must mutually agree on the terms and document them in writing. Typically, the agreement addresses issues such as child custody and visitation, spousal support and the division of assets and debts.
Once both parties sign the agreement, it becomes a legally binding contract that governs their separation. As such, legal guidance is highly recommended, especially for those with complex marital property.
Reasons for a separation agreement
Separation agreements offer several advantages over divorce. They allow couples to live apart while maintaining important legal and financial benefits, such as health insurance coverage.
Additionally, these agreements can be essential for honoring religious or cultural beliefs that discourage or prohibit divorce.
Practical matters to keep in mind
Here are a few additional points to think over if considering a separation in lieu of a divorce
- Since a separation agreement is a binding contract, both parties must sign the document.
- It must be notarized to be legally valid, meaning you must sign it in the presence of a notary public.
- You cannot achieve a legal separation without your spouse’s consent and signature.
- If your spouse is missing or cannot be located, obtaining a legal separation is not possible.
If you decide a separation agreement is the best option, legal guidance can help ensure your rights and interests remain secure.